Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37981 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== Sujit Kumar, Aged about 25 years, Male, Son of Jiyalal Rai, Resident of Village Sadha Damber, P.S. Motipur, District Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2019 Heard both sides.

Petitioner apprehends his arrest in Motipur P.S. Case No.214 of 2019, registered under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act.

The informant alleged that from the paddy field, 4.320 litres foreign liquor was recovered and the informant identified the petitioner when he was fleeing away from the paddy field. The paddy field is also situated near the house of the petitioner and on the basis of which the petitioner is made accused. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the case. Petitioner has got no criminal antecedent. Recovery was made from the paddy field and and petitioner is made accused only because the house of the petitioner is situated near the paddy field where recovery

Patna High Court CR. MISC. No.37981 of 2019(2) dt.21-06-2019 2/2 was made.

Considering the facts aforesaid, let 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 this order, 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 Special Judge, Excise, Muzaffarpur in connection with Motipur P.S. Case No.214 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T