Kundan Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34406 of 2020 Arising Out of PS. Case No.-81 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== Kundan Rajbhar, aged about 25 years, Male, Son of Sharma Rajbhar, Resident of Village - Pukhrera, P.S.- Mairwa, District - Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-01-2021 Heard both sides.

The petitioner seeks bail in Mairwa P.S. Case No.81 of 2020, registered under Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act.

The intercepted a car bearing Registration No.HR-12AJ-4117 and arrested one Aditya Kumar Pathak. On search, 16 litres of Indian made foreign liquor was recovered from the car of Aditya Kumar Pathak. On disclosure made by Aditya Kumar Pathak, two Wagor-R car were intercepted and from one WagonR, 436 litres of Indian made foreign liquor and country made liquor was recovered. From another Wagon-R bearing Registration No. UP-40B-9739, 495 litres of country made liquor was recovered. It is further alleged that Aditya Kumar Pathak disclosed that the recovered liquor belongs to Shiv

Patna High Court CR. MISC. No.34406 of 2020(2) dt.19-01-2021 2/2 Kumar Yadav, Kalu Yadav, Kundan Rajbhar, the petitioner and Abhishek Yadav.

Learned counsel for the petitioner submits that save and except the disclosure made by Aditya Kumar Pathak, there is no material evidence to show that either the car or the liquor belongs to the petitioner. The petitioner is in jail since 20.08.2020. The petitioner has already remained in jail for about five months.

Considering the facts aforesaid, petitioner, namely, Kundan Rajbhar 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 the learned Additional District & Session Judge-IInd-cum-Special Judge, Siwan in connection with Mairwa P.S. Case No.81 of 2020. (Prabhat Kumar Jha, J) S.KUMAR/- U T