Awdesh Kumar @ Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31313 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== AWDESH KUMAR @ AWADHESH KUMAR, Sex M, aged about 28 yrs, S/o Late Raj Kishore Rai R/o Village- Olipur Sarhachia, P.S.- Mahindwara, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-05-2019 Heard both sides.

The petitioner apprehends his arrest in Mahindwara P.S. Case No.29 of 2019 registered under Sections 30(a), (b), (c), (f), 34, 36, 41 of Bihar Prohibition and Excise Act. A.S.I. of Mahindwara P.S. alleged that he got information that somebody were preparing/manufacturing country made liquor in the open field of village Olipur and on such, a raid was conducted. The informant arrested one Kamlesh Kumar who was manufacturing the liquor. Kamlesh Kumar disclosed the name of the petitioner and others that they were also preparing the liquor.

The learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case. Petitioner has

Patna High Court CR. MISC. No.31313 of 2019(2) dt.13-05-2019 2/2 got no criminal antecedent and nothing has been recovered from the conscious possession of the petitioner.

Taking into consideration the fact that save and except the fact that the name of the petitioner surfaced in the case on the basis of the disclosure made by Kamlesh Kumar who was apprehended on the spot and petitioner has got no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge II-cum-Spl. Judge, Excise Act, Sitamarhi in connection with Mahindwara P.S. Case No.29 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T