Ajay Chaudhary @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29905 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- SIRDALA District- Nawada ====================================================== Ajay Chaudhary @ Ajay Kumar S/o Rajendra Chaudhary Resident of VillageMohallah- Janghaul, P.S.- Sirdala, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-05-2019 Heard both sides.

The petitioner apprehends his arrest in Sirdala P.S. Case No.70 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant (police officer) named the petitioner along with other accused persons and alleged that the informant got secret information that the petitioner and others are indulged in preparing and selling of illicit liquor by the side of the river and on such raid was conducted. On search, 39 litres of country made liquor made of mahua was recovered on the bank of the river situated in village Janghaul.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and this is the first criminal case in which the petitioner has been made accused.

Patna High Court CR. MISC. No.29905 of 2019(2) dt.08-05-2019 2/2 The informant did not disclose the source of information that the petitioner was preparing and selling liquor. The petitioner is a student and he is preparing for competitive examination. Having considered the facts that no recovery was made either from the constructive or conscious possession of the petitioner and the source of information about the fact that the petitioner was indulged in preparing and selling liquor, has not been disclosed, the above named petitioner, in the event of his arrest or surrender before the learned 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 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum-Special Court, Nawada in connection with Sirdala P.S. Case No.70 of 2019 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T