Satish Kumar @ Satish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32648 of 2019 Arising Out of PS. Case No.-160 Year-2019 Thana- DIGHA District- Patna ====================================================== 1.

SATISH KUMAR @ SATISH RAI Son of Ram Babu Rai 2.

Ravi Rai Son of Ram Babu Rai Resident of Yadubanshi Nagar, Akhara Road, Police Station- Digha, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parashuram Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Digha P.S.Case No.160/19/Special Case No.3301 of 2019 , registered for offences punishable under Sections 30(a)/38(i) of Bihar Liquor Prohibition and Excise Act, 2016.

Allegation against the petitioners as per FIR is that the police on information that some miscreants are engaged in the business of liquor near St. Xavier School, Rajiv Nagar Road, raided the place but the petitioner succeeded in fleeing away and the police has recovered total 45.750 ltrs. of foreign liquor. Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.32648 of 2019(2) dt.17-05-2019 2/2 that nothing has been recovered from the conscious possession and there is no independent witness on the seizure list as well as they have no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Digha P.S.Case No.160 of 2019 and Special Case No.3301 of 2019, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T