Upendra Dhankar @ Upendra Mallick v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29881 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== UPENDRA DHANKAR @ UPENDRA MALLICK Son of Late Subhansh Dhankar Resident of Village - Kasiauta, P.S.- Rajnagar, Dist.- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subroteswar De For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2019 Heard both sides.

The petitioner apprehends his arrest in Rajnagar P.S. case No. 58 of 2019 registered under Section 272, 273 of the IPC and u/s 30(a) of Bihar Prohibition & Excise Act. The informant disclosed that he got secret information that Chhedi Dhankar, Naresh Mallick and Upendra Dhankar, the petitioner, had brought some Nepali liquor and kept the same in the field situated behind the house of Chhedi Dhankar. On such information raid was conducted and from the field situated behind the house of Chhedi Dhankar 73 liters of Nepali liquor was recovered.

The learned counsel for the petitioner submits that petitioner had not kept any liquor in the filed situated behind the house of Chhedi Dhankar. Chhedi Dhankar from whose field

Patna High Court CR. MISC. No.29881 of 2019(2) dt.07-05-2019 2/2 liquor was recovered has already been granted anticipatory bail vide order dated 17.04.2019 passed in Cr. Misc. No. 24756 of 2019. The case of petitioner stands on better footing as nothing has been recovered either from conscious or constructive possession of the petitioner.

Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the 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 his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Rajnagar P.S. case No. 58 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T