Avinash Kumar@ Bhukhlu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34078 of 2020 Arising Out of PS. Case No.-55 Year-2020 Thana- MAHUA District- Vaishali ====================================================== AVINASH KUMAR@ BHUKHLU Son of Shiv Chandra Singh Resident of Village - Bali Bathana (Madhaul), P.S.- Mahua, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-03-2021 Heard both sides.

The petitioner apprehends his arrest in Mahua P.S. case No. 55/2020 registered u/s 30(a), 32(ii), 34(ii), 38(ii), 41(i) of the Bihar Prohibition & Excise Act.

The informant after having received information that Nawlesh Singh and Avinash Kumar @ Bhukhlu, the petitioner, were bringing a consignment of liquor on a car and the car was to be parked near the house of Nawlesh Singh the informant went there but two persons managed to flee away. The Chowkidar is said to have identified Nawlesh Singh and the petitioner. From the car 435 liters of liquor was recovered. The learned counsel for the petitioner submits that petitioner is neither owner of the car nor anything has been recovered from his possession. The petitioner has got no

Patna High Court CR. MISC. No.34078 of 2020(2) dt.16-03-2021 2/2 criminal antecedent. The car was parked in front of the house of Nawlesh Singh and there is no other material save and except the fact that Chowkidar is said to have identified the petitioner. Taking into consideration the facts aforesaid and the fact that nothing has been recovered from the possession of the petitioner and the car was found parked in front of the house of Nawlesh Singh from which 435 liters of liquor was recovered, the petitioner, above named, in the event of his arrest/ surrender before the 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 his furnishing bail bond of Rs.

10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Vaishali at Hajipur in connection with Mahua P.S. case No. 55/2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.