Din Dayal Bhagat @ Dayal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21444 of 2016 Arising Out of PS.Case No. -60 Year- 2016 Thana -WARSALIGANJ District- NAWADA ====================================================== Din Dayal Bhagat @ Dayal Bhagat, Son of Late Sadanand Bhagat, Resident of Mohalla - Sangatpar, P.S: Warisaliganj, District: Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case instituted under Section 47(A) of the Excise Act.

The petitioner submits that the house in question has been given on rent to one Umesh Kumar, who is a license holder. A copy of the rental agreement is annexed as Annexure-2. He next submits that the police committed raid at 07:30 hours on 01.04.2016 in the house of the informant and seized country made liquor from there, by which time prohibition against sale of liquor was not imposed in the State of Bihar. Furthermore, the allegation of storing liquor could be made against Umesh Yadav. Having regard to the facts of the case, in case of

Patna High Court Cr.Misc. No.21444 of 2016 (2) dt.19-05-2016 2/2 arrest/surrender, let the petitioner named above, be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case No. 60 of 2016.

(Samarendra Pratap Singh, J) kunal/- U T