Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21389 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== 1.

SUDHIR KUMAR(male), aged about 26 years, Son of Shiv Kumar 2.

Mukesh Kumar(male), aged about 32 years, Son of Dashrath Singh, Both are resident of Village - Sahdullahpur, P.S.- Ganga Bridge, Distt - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2019 Heard both sides.

The petitioners apprehend their arrest in Ganga Bridge P.S. Case No.1 of 2019 registered under Section 30(a), 38 and 47 of Bihar Prohibition and Excise Act. The police got information that Mukul Kumar and others had kept liquor in banana orchard situated near the house of Mukul Kumar. The police raided the place and found Mukul Kumar fleeing away.

The learned counsel for the petitioners submits that petitioners have got no manner of concern from the recovery made near the house of Mukul Kumar. Save and except the secret information that the petitioners are involved in illegal

Patna High Court CR. MISC. No.21389 of 2019(2) dt.05-04-2019 2/2 trade of liquor, there is no material to show the involvement of the petitioners. Petitioners have got no criminal antecedent and this is the first criminal case in which petitioner has been made accused that too without any material.

Taking into consideration the fact that liquor was recovered from the banana orchard situated near the house of Mukul Kumar and police when reached near the place of occurrence police saw Mukul Kumar fleeing away from the place of occurrence, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II-cumSpecial Judge, Vaishali, Hajipur in connection with Ganga Bridge P.S. Case No.1 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T