Shyam Kumar Rai @ Shyam Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80121 of 2018 Arising Out of PS. Case No.-443 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Shyam Kumar Rai @ Shyam Ray son of Suraj Rai, resident of Village - Lautan. P.S.- Sakra, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2019 Heard both sides.

The petitioner apprehends his arrest in Sakra P.S. Case No.443 of 2018 registered under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

The gist of the allegation is that the police seized 536 litres of Indian made foreign liquor from the field behind the house of petitioner.

Learned counsel for the petitioner submits that there is nothing on record to show that the petitioner had kept the liquor in the field of Most. Mundrika Devi. The petitioner has no manner of concern with the seized liquor.

Considering the facts and the nature of allegation made against the petitioner and the fact that neither the liquor

Patna High Court Cr.Misc. No.80121 of 2018(2) dt.15-01-2019 2/2 was recovered from conscious possession of the petitioner nor from the house of petitioner, the above named petitioner in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Sakra P.S. Case No.443 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T