Ram Pukar Mahto @ Ram Pukar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39061 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== RAM PUKAR MAHTO @ RAM PUKAR KUMAR, Gender Male, Age 40, Son of Ram Prasad Mahto Resident of Village - Gehumi Kothiya, P.S.- Sadar (Mabbi OP), Distt - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Kumar Sinha For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-06-2019 Heard both sides.

The petitioner apprehends his arrest in Sadar(Mabbi O.P.) P.S. Case No.95 of 2019(G.O. Exc. Case No.247/19) registered under Section 30(a) of Bihar Prohibition and Excise Act.

The gist of the allegation is that the informant recovered a bottle containing 750 ml. of Royalstag Whiskey from the cattle shed of the petitioner. The cattle shed is situated near the house of the petitioner.

It is submitted that cattle shed is an open place. Petitioner has got no criminal antecedent.

Taking into consideration the facts that one bottle containing 750 ml. Of Royalstag Whiskey was recovered from

Patna High Court CR. MISC. No.39061 of 2019(2) dt.26-06-2019 2/2 the cattle shed of the petitioner which is an open place and the fact that 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 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Darbhanga in connection with Sadar(Mabbi O.P.) P.S. Case No.95 of 2019(G.O. Exc. Case No.247 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