Patna High CourtCR. MISC./46265/2019bail granted

Parmeshwar Das @ Amit Kumar Das v. The State Of Bihar

2019-07-26Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46265 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== PARMESHWAR DAS @ AMIT KUMAR DAS, Son of Gagalat Das Resident of Village - Bakharia, Pokhara Tola, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Majhaulia P.S. Case no. 173 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act. The accusation is of recovery of 48 bottles, each containing 180 ML India made foreign liquor from the bamboo clamp situated behind the house of the petitioner at that time, petitioner and his brother Ravi Shankar Kumar tried to flee away, but Ravi Shankar Kumar was apprehended on the spot. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the alleged seized liquor was not recovered from the house of the petitioner, rather, the same was recovered from the bamboo clamp situated near the house

Patna High Court CR. MISC. No.46265 of 2019(2) dt.26-07-2019 2/2 of the petitioner and petitioner has falsely been implicated in this case on the confessional statement of Ravi Shankar Kumar, who is said to be apprehended on the spot. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Bettiah in connection with Majhaulia P.S. Case No. 173 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T