Kanchan Ram @ Kanchan Kumar @ Kanchan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31300 of 2018 Arising Out of PS. Case No.-466 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Kanchan Ram @ Kanchan Kumar @ Kanchan Rai S/o Jai Mangal Ram @ Jai Mangal Rai, resident of Village- Raghopur, P.S. Ahiyapur, DistrictMuzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Parasmani For the Opposite Party/s :

Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise Case No. 466 of 2017, registered under Section 30(a), 38 of the Bihar Prohibition of Excise Act. The accusation is that on receiving the secret information about indulging of the petitioner in the business of illicit liquor, the informant being the ASI of Excise department proceeded to raid. In that course, two persons were seen on the motorcycle, out of them one person succeeded to flee away, but other was apprehended. The apprehended person disclosed his name as Arjun and he also disclosed the name of this petitioner, who succeeded to flee away. On search, 11 bottles each

Patna High Court Cr.Misc. No.31300 of 2018(2) dt.12-06-2018 2/2 containing 750 ML India made foreign liquor recovered to the motorcycle.

Learned counsel for the petitioner submits that, in fact, on mere suspicion the informant implicated the petitioner showing the name of the petitioner in the confessional statement of co-accused. Further submission is that petitioner is a handicapped to the leg 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 Act, Muzaffarpur in connection with Excise Case No. 466 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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