Dharamraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25221 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- GOVT. OFFICIAL COMPLAINT CASE District- Sheikhpura ====================================================== Dharamraj Kumar Son of Late Dukhi Ram Resident of village Murarpur P.S. Korma District Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 18.03.2019 in connection with Excise Case No. 92 of 2019 registered for the offence under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the allegation is of recovery of 12 liters of liquor, but the same has not been recovered from the conscious possession of the petitioner rather recovered from river side and so far other item namely Java is concerned, the said item does not fall within the ambit of the Act and therefore no offence is made out with regard to the said item.

Patna High Court CR. MISC. No.25221 of 2019(2) dt.19-04-2019 2/2 Considering the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District and Sessions Judge Seikhpura, in connection with Excise Case No. 92 of 2019. (Anjana Mishra, J) Amjad/- U T