Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69679 of 2018 Arising Out of PS. Case No.-109 Year-2018 Thana- ISUAPUR District- Saran ====================================================== Roushan Kumar, S/o- Akhilesh Prasad, resident of Village- Goha, P.S. Isuapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Isuapur P.S. Case No. 109 of 2018 registered under Sections 30, 38 and 48 of the Bihar Excise Act, 2016. The accusation is that, in course of patrolling duty, informant and other police officials received the secret information to this effect that Akhilesh Prasad and his son Roushan Kumar (petitioner) kept the country made liquor concealing in the earth in his field situated behind their house. Thereafter, informant along with other police reached in the village Goah then on seeing the police party, two persons started to flee away but one person was apprehended, who disclosed his

Patna High Court CR. MISC. No.69679 of 2018(3) dt.14-03-2019 2/2 name as Akhilesh Prasad. Thereafter, on inquiry, Akhilesh Prasad also disclosed the name of petitioner, who succeeded to flee away. On digging the field,190 litres spirit kept in drum was recovered.

Learned counsel for the petitioner submits that petitioner, who is the student of Class XII, has falsely been implicated in this case because he is the son co-accused, Akhilesh Prasad. Further submission is that 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 six 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 6th Additional Sessions Judge, Saran, in connection with Isuapur P.S. Case No. 109 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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