Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79200 of 2018 Arising Out of PS. Case No.-330 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== Golu Kumar S/o Parash Gop, resident of Pani Tanki, Mangal Talab, Nala Pur Kachori Gali, P.S.-Chowk, Dist-Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tilak Sao For the Opposite Party/s :
Mr.Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2019 Heard both sides.
The petitioner apprehends his arrest in Chowk P.S. Case No.330 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act.
The police intercepted a motorcycle on which two persons were coming. One of them managed to flee away but another, namely, Rohan Kumar was apprehended and from the bag Indian made foreign liquor was recovered. The apprehended person disclosed the name of person who managed to flee away after leaving motorcycle as Suraj Kumar. Rohan Kumar disclosed the name of petitioner and stated that the petitioner is the brother of Suraj Kumar who is said to have indulged in dealing with illegal liquor.
Learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.79200 of 2018(2) dt.28-01-2019 2/2 petitioner has no manner of concern with the recovered liquor. Save and except confessional statement, the police did not collect any tangible material against the petitioner. Having considered the fact that save and except confession of co-accused, there is no material against the petitioner, 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 Special Judge, Excise Act, Patna in connection with Chowk P.S. Case No.330 of 2018 (Special Case No.7966 of 2018), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U