Dharmendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29822 of 2016 Arising Out of PS.Case No. -131 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================
1. Dharmendra Rai, Son of Ram Iqbal Rai, @ Khijan Rai, resident of Village- Chakauli, P.S.- Mahua, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2016 Heard both sides.
The petitioner apprehends his arrest in Mahua P.S. Case No. 131/2016, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 47/51 of the Bihar Excise Act.
The police got information that at the animal shed of Bittu Rai illegal liquor was being prepared and sold. On such, a raid was conducted and the police recovered foreign as well as country made liquor from the latrine and an open place situated near animal shed of Bittu Rai. The petitioner is said to have fled away from the place of occurrence.
Learned counsel for the petitioner submits that the recovery was made from an open space. The petitioner has
Patna High Court Cr.Misc. No.29822 of 2016 (2) dt.06-09-2016 2/2 no manner of concern with the said liquor. The liquor has not been recovered from the conscious possession of the petitioner. Considering the facts aforesaid, 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/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 the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 131/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U T