Ram Kumar Choudhary @ Ram Kumar Bhagat @ Raj Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34102 of 2020 Arising Out of PS. Case No.-499 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== RAM KUMAR CHOUDHARY @ RAM KUMAR BHAGAT @ RAJ KUMAR BHAGAT S/o Rameshwar Bhagat Resident of Sonamani Godam at present Pr. Yas General Store, Custom Office Ward No. 09, P.S.- Forbesganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-03-2021 Heard both sides.

The petitioner apprehends his arrest in Special Case No.528 of 2020 arising out of Forbesganj P.S. Case No.499 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant got information that somebody was selling liquor in front of the P.D.S. shop of Mahendra Prasad Sah. On such, he went to raid the place but could not be able to apprehend any person. Many bottles of liquor of different brands were recovered in front of the P.D.S. shop of Mahendra Prasad Sah.

Learned counsel for the petitioner submits that the petitioner has been named in the case only on mere suspicion

Patna High Court CR. MISC. No.34102 of 2020(2) dt.17-03-2021 2/2 that the petitioner was selling the liquor in front of the P.D.S. shop of Mahendra Prasad Sah. Petitioner was not apprehended on the spot nor anything has been recovered from the conscious possession of the petitioner. The liquor was recovered in front of the P.D.S. shop of Mahendra Prasad Sah but he has not been made accused in the case. Petitioner has got no criminal antecedent.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. District and Sessions Judge-cum-Special Judge, Araria in connection with Special Case No.528 of 2020 arising out of Forbesganj P.S. Case No.499 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T