Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33033 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== ARUN RAI, aged about 28 years, Male, Son of Late Subodh Rai Resident of Village - Gorapur, P.S.- Kathaiya, Distt - 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.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2019 Heard both sides.

The petitioner apprehends his arrest in Motipur P.S. Case No.167 of 2019 registered under Sections 30(a), 38(1)(2) and 41(1)(2) of Bihar Prohibition and Excise Act. The informant is said to have received secret information that the petitioner(Arun Rai) and Krishna Rai had brought a big consignment of liquor and they have kept the same in the house of Mohan Rai and on such, a raid was conducted. Huge quantity of liquor was recovered from the place situated behind the house of Mohan Rai. Mohan Rai was arrested.

The learned counsel for the petitioner submits that save and except the secret information, there is no material to show that the petitioner had brought the consignment and kept

Patna High Court CR. MISC. No.33033 of 2019(2) dt.20-05-2019 2/2 the same in the house of Mohan Rai.

Taking into consideration the fact that liquor was recovered from the house of Mohan Rai and there is nothing on record to show the involvement of the petitioner 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 Special Judge, Excise, Muzaffarpur in connection with Motipur P.S. Case No.167 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