Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26463 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== Deepak Kumar Son of Satendra Yadav, Resident of Village- Koeri Bigha, P.S.- Muffasil, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-04-2019 Heard both sides.

The petitioner apprehends his arrest in Muffasil P.S. Case No.35 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant (A.S.I. of Muffasil P.S., Aurangabad) raided the house of Satendra Yadav after having received secret information about selling of liquor but three persons started fleeing away. Two persons, namely, Satendra Yadav and Rajeev Kumar (son of Satendra Yadav) were apprehended. They disclosed that Deepak Kumar (another son of Satendra Yadav) managed to flee away.

Learned counsel for the petitioner submits that on search and seizure, 9.8 litres of country made liquor was recovered. The father and brother of the petitioner were

Patna High Court CR. MISC. No.26463 of 2019(2) dt.23-04-2019 2/2 apprehended. The entire family members were made accused. Having considered the facts that on the basis of inputs received by the police that Satendra Yadav with the help of his two sons was selling liquor and on such, two persons were apprehended and the fact that the petitioner was not found inside the house but his name has come in the F.I.R., 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 Additional Sessions Judge VII-cumSpecial Judge (Excise), Aurangabad in connection with Muffasil P.S. Case No.35 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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