Awadhesh Rai @ Awdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79304 of 2018 Arising Out of PS. Case No.-220 Year-2018 Thana- AURAI District- Muzaffarpur ====================================================== Awadhesh Rai @ Awdhesh Kumar Son of Ramlaxan Rai Resident of VillageDekuli, P.S.- Aurai, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with Aurai P.S. Case No. 220 of 2018 dated 25.09.2018 instituted for the offences under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Approximately 13 litres of liquor is said to have been recovered from beneath firewood kept near a bush in the field of the petitioner.

The learned counsel for the petitioner has submitted that the recovery is from an open space without any enclosure and it cannot be said that the aforesaid space was inaccessible or would have been accessible only by the

Patna High Court Cr.Misc. No.79304 of 2018(2) dt.28-01-2019 2/2 petitioner.

Regard being had to the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Aurai P.S. Case No. 220 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Shageer/- U T