Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39052 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- SIRDALA District- Nawada ====================================================== RAJESH CHAUDHARY Son Late Mahendra Chaudhary Resident of Village/Mohalla - Janghaul, P.S.- Sirdala, Distt - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

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

The petitioner apprehends his arrest in Sirdala P.S. case No. 70 of 2019 registered under Section 30(a) of the Bihar Prohibition & Excise Act.

The informant, a police official, got inputs that petitioner and others are indulged in manufacturing and selling of liquor by the side of river situated south to the village Janghaul and on such a raid was conducted. Nobody was arrested but 39 liters of country made liquor was recovered from the place of occurrence.

The learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner and there is no other material save and except the secret information that the petitioner and others are indulged in

Patna High Court CR. MISC. No.39052 of 2019(2) dt.26-06-2019 2/2 manufacturing and selling of liquor. The petitioner has got no criminal antecedent.

Considering the facts that save and except secret inputs there is no material to show that petitioner was ever indulged in manufacturing and selling of liquor and recovery is made by the side of river besides the fact that petitioner has got no criminal antecedent, the petitioner, above named, in the event of his arrest/ 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 his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Nawada in connection with Sirdala P.S. case No. 70 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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