Lallan Kahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37981 of 2020 Arising Out of PS. Case No.-263 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Lallan Kahar S/o Late Shiv Govind Singh, R/o Village- Mokram, P.S.- Kudra, District- Kaimur ( Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2021 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Kudra P.S. Case No.263 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant alleged that he got information that Lallan Kahar (petitioner) was selling liquor from his house. On such information, a raid was conducted but Lallan Kahar managed to flee away. It is further alleged that 60 litres of country made liquor was recovered from a field situated behind the house of Lallan Kahar.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. Nobody has seen the petitioner keeping liquor in the field situated behind the house of the petitioner. The land from where recovery was made does

Patna High Court CR. MISC. No.37981 of 2020(2) dt.13-07-2021 2/2 not belong to the petitioner.

Taking into consideration the facts that 60 litres of country made liquor is said to have been recovered from the field situated behind the house of the petitioner and the land from where recovery was made does not belong to the petitioner and the petitioner has got no criminal antecedent, the petitioner, above named, in the event of his arrest or surrender before the learned 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 learned Additional Sessions Judge-V, Kaimur at Bhabua in connection with Kudra P.S. Case No.263 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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