Rajesh Singh @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23824 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- MAHUA District- Vaishali ====================================================== RAJESH SINGH @ Rajesh Kumar(male), aged about 35 years, Son of Rajendra Singh, Resident of Village-Mahua Singh Ray, P.S-Mahua, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-04-2019 Heard both sides.

The petitioner apprehends his arrest in Mahua P.S. Case No.80 of 2019 registered under Sections 30(a) and 38 of Bihar Prohibition and Excise Act.

The police got secret inputs about selling of liquor in the poultry farm of the petitioner. When the police went to verify the information, the police saw one person fleeing away from the poultry farm. On search, 8.640 liters of Indian made foreign liquor was recovered from northern corner of the poultry farm.

The learned counsel for the petitioner submits that only one person was found fleeing from the poultry farm and, therefore, the allegation of selling liquor from the poultry farm

Patna High Court CR. MISC. No.23824 of 2019(2) dt.15-04-2019 2/2 is falsified. There are many employees of the petitioner who was looking after the poultry farm. The petitioner cannot be said to be responsible for recovery of the liquor from the poultry farm. Taking into consideration the facts aforesaid and the fact that petitioner is owner of the poultry farm but nobody seen the petitioner fleeing away from the poultry farm, let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II-cum-Special Judge, Excise Prohibition Act, Vaishali, Hajipur in connection with Mahua P.S. Case No.80 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