Gigal Rai @ Gigal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38456 of 2020 Arising Out of PS. Case No.-216 Year-2020 Thana- SALIMPUR District- Patna ====================================================== GIGAL RAI @ GIGAL PRASAD Son of Nasibi Rai @ Nasiv Rai Resident of Village - Saidpur, P.S.- Salimpur, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwa Bijay Kumar For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2021 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner apprehends his arrest in Salimpur PS Case No. 216/2020 registered under Section 30 (a) of the Bihar Prohibition & Excise Act.

The informant alleged that he got information that petitioner was selling liquor near the bank of River Ganga and on such information when a raid was conducted the petitioner managed to flee away. 56 liters of country made liquor is said to have been recovered.

The learned counsel for the petitioner submits that petitioner is innocent and he has got no criminal antecedent. Nobody was present at the place of occurrence. The informant

Patna High Court CR. MISC. No.38456 of 2020(2) dt.13-07-2021 2/2 has not disclosed as to who informed that petitioner was selling liquor. The name of petitioner surfaced in the case on the basis of undisclosed source of information. Nothing has been recovered from the conscious possession or from the house of the petitioner.

Taking into consideration the facts aforesaid and the fact that name of the petitioner surfaced in the case from undisclosed source of information, 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 of this order shall be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Salimpur PS case No. 216/2020, subject to conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

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