Ram Ishwar Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30603 of 2023 Arising Out of PS. Case No.-453 Year-2022 Thana- KHAIRA District- Saran ====================================================== RAM ISHWAR NUT son of Yogendra Nut Village- Madhopur Ps- Madhaurah Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition Excise Amendment Act, 2018.

Prosecution case is that 65 liters of country made liquor was recovered from the bank of river Bhikhanpur. Learned counsel appearing for the petitioner submits that recovery has been made from an open place and nothing has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent. Learned counsel for the State opposes the prayer for bail.

Considering the facts of the case, in the event of

Patna High Court CR. MISC. No.30603 of 2023(2) dt.19-05-2023 2/2 arrest/surrender within six weeks from today, let the petitioner, above named, be released 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 2nd Exclusive Special Excise Court, Saran at Chapra in connection with Khaira Police Station Case No. 453 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T