Rajesh Dom @ Kitaie Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33989 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- BHITAHA District- West Champaran ====================================================== Rajesh Dom @ Kitaie Dom S/o Sadhu Dom R/o Rupahi Yadav Tola, P.S. - Bhitaha, Distt. - West Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Milind Kumar Mishra, Advocate For the Opposite Party :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Amendment Act 2022.

3. As per the prosecution case, in course of search, total 135 litres Country made liquor has been recovered from four bags. On seeing police party, accused persons threw the bags and fled away.

4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. Petitioner's name has come in this case during course of investigation on the basis of confessional statement of co-accused. Petitioner got one criminal antecedent of a similar nature.

5. Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six weeks from today, let the petitioners, 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 Special Judge, Excise Bagaha, West Champaran in

Patna High Court CR. MISC. No.33989 of 2024(2) dt.23-05-2024 2/2 connection with Bhitaha P.S. Case No. 26 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T