Ashok Singh @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41551 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- PAHARPUR District- East Champaran ====================================================== Ashok Singh @ Ashok Kumar Son of Nayan Singh, Resident of VillageShishwa Bajar Tola, P.S.- Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2019 Heard both sides.

The petitioner apprehends his arrest in Paharpur P.S. Case No.84 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant got information that the villagers had caught a person, who was carrying liquor. The police went there and apprehended that person. From possession of the apprehended accused, 20 litres country made liquor was recovered. The apprehended accused disclosed his name as Bhanu Bhagat. Bhanu Bhagat is said to have disclosed that he purchased liquor from Nayan Singh, Pannalal Singh and Ashok Singh (petitioner.) Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner.

Patna High Court CR. MISC. No.41551 of 2019(2) dt.05-07-2019 2/2 Even after having received information that petitioner sold liquor to Bhanu Bhagat, the police did not raid the house of the petitioner. There is no material to show that the petitioner sold liquor to Bhanu Bhagat.

Having considered the facts aforesaid and the fact that save and except the disclosure made by Bhanu Bhagat, there is no material to show that the petitioner sold liquor to Bhanu Bhagat, the above named petitioner, 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 9th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran in connection with Paharpur P.S. Case No.84 of 2019, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

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