Suraj @ Prem Rastogi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39318 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- LAHERIMUHALLA District- Nalanda ====================================================== SURAJ @ PREM RASTOGI Son of Anand Pd. Rastogi @ Anand Prakash Rastogi Resident of Village- Mathuriya Mohalla, Police Station- Laheri, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Laheri P.S. Case No.187 of 2019 registered under Section 30 of the Bihar Prohibition and Excise (Amendment) Act, 2018. The accusation is of recovery of 11 bottles, each containing 750 ml. Indian Made Foreign Liquor, from the joint house of the petitioner. While Chandan Rastogi and Sriraj Rastogi alias Utsav, the brothers of the petitioner, were apprehended but the petitioner succeeded to flee away. Learned counsel for the petitioner submits that it would appear from the F.I.R. that at the time of the alleged recovery of Indian Made Foreign Liquor from the joint house of

Patna High Court CR. MISC. No.39318 of 2019(2) dt.27-06-2019 2/2 the petitioner, the brothers of the petitioner were apprehended but the petitioner was not apprehended from his house. The petitioner had no knowledge about keeping of the liquor in his house. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, 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 the 3rd Additional Sessions Judge, Nalanda at Biharsharif, in connection with Laheri P.S. Case No.187 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T