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Patna High CourtCR. MISC./1249/2017bail granted

Ramkumar v. The State Of Bihar

2017-01-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1249 of 2017 Arising Out of PS.Case No. -257 Year- 2016 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Ramkumar s/o Sri Karu Mahto, r/v- Muzaffarpur, P.s. - Noorsarai, Distt - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2017 Heard both sides.

The petitioner apprehends his arrest in Noor Sarai P.S. Case No. 257/2016, registered for the offences punishable under Sections 30A and 47 of the Bihar Liquor Prohibition & Excise Act. 2016.

The allegation against the petitioner is that he had kept foreign liquor in his cattle-shed.

Learned counsel for the petitioner submits that the cattle-shed is outside the house of the petitioner. Petitioner had no knowledge about keeping of 28 bottles of foreign liquor in his cattle-shed. He is on inimical terms with the Chowkidar and that is why he has falsely been implicated in this case. Considering the facts aforesaid and the fact that small

Patna High Court Cr.Misc. No.1249 of 2017 (2) dt.16-01-2017 2/2 quantity of foreign liquor is recovered from the cattle-shed of the petitioner which is situated outside the residential house of the petitioner and the petitioner has stated that he had no knowledge about the liquor kept in his cattle-shed, the petitioner abovenamed, in the event of his arrest or 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 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Biharsharif Nalanda in connection with Noor Sarai P.S. Case No. 257/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T