Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52154 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -PURUSHOTTAMPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== . Ashish Kumar son of Babunand Yadav, Resident of village- Gola Ghat Dumri, P.S.- Yogapatti, District- West Champaran at Bettiha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Purusottampur P.S.Case No. 39/2015 registered for offences punishable under Sections 420 and 406 of the Indian Penal Code and 47 (a) of the Excise Act.

The prosecution case is that the informant, Suresh Prasad Choudhary, S.I., Excise had alleged in his written petition that he along with Superintendent, Excise Department, S.H.O. of Mainatand and Purshottampur, and the Circle Officer, Mainatand reached at the Composite liquor shop No. 43 of petitioner situated at Marjadwa Chowk and raided the alleged shop and co-accused Santosh Prasad Srivastava was arrested from the shop. On query, he disclosed that he is staff of petitioner. The licence of the shop has already been cancelled but in spite of that, liquor was being

Patna High Court Cr.Misc. No.52154 of 2015 (2) dt.02-12-2015 2/2 sold illegally in the said shop. In presence of an independent witnesses alleged shop was searched and illegal liquor was found therein and the same was seized after preparing seizure list. It has been submitted by the learned counsel for the petitioner that he has a clean antecedent and has been falsely dragged in the aforesaid case.

It has further been submitted that he was earlier a Licensee of the liquor shop No. 43 and on the confessional statement of one Santosh Prasad Srivastava, which has no evidentiary value in the eye of law, the name of petitioner surfaced. Furthermore, it has been submitted that the petitioneris no longer concerned with the aforesaid shop.

Be that as it may, let the above named petitioner in the event of his arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned I/C, Judicial Magistrate, West Champaran at Bettiah, in connection with Purosattampur P.S.Case No. 39 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P. C (Nilu Agrawal, J) Sudha/- U T