Ram Swarup Sada @ Ramswarup Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31309 of 2018 Arising Out of PS. Case No.-81 Year-2018 Thana- SUPAUL District- Supaul ====================================================== Ram Swarup Sada @ Ramswarup Sada, son of Late Raghuni Sada, resident of Village- Parsarma, Ward No. 8, P.S.+ District- Supaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Supaul P.S. Case no. 81 of 2018, registered under Section 30(A) of Bihar Prohibition of Liquor and Excise Amendment Act.

The accusation is that on receiving information on mobile of Rajesh Kamat about carrying of illicit liquor by the petitioner on his house, the informant being the A.S.I. of Supaul Police Station raided the house of petitioner. On search, 15 pouches, each containing one liter, of country made liquor was recovered from his house, while petitioner succeeded to flee away from there.

Learned counsel for the petitioner submits that, in

Patna High Court Cr.Misc. No.31309 of 2018(3) dt.12-06-2018 2/2 fact, petitioner has falsely been implicated in this case at the instance of Rajesh Kamat with whom the petitioner has enmity. Further submission is that petitioner was not apprehended on the spot and the seizure-list also does not bears the signature of any family members of the petitioner showing the recovery of the illicit liquor from the house of the petitioner. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge-II-cumSpecial Judge, Excise, Supaul in connection with Supaul P.S. Case No. 81 of 2018 (S.T. Excise No. 142 of 2018), subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T