Randip Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47161 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== RANDIP BHAGAT Son of Ram Nandan Bhagat Resident of Village - Bhagwatpur Barahpura, Ward No. 10, P.S.- Sarairanjan, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Shankar Singh For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Excise Case No.214 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The accusation is of recovery of 2 bottles, each containing 750 ml. Indian Made Foreign Liquor, 12 bottles, each containing 375 ml. Indian Made Foreign Liquor, and 6 bottles, each containing 180 ml. Indian Made Foreign Liquor, from the cattle shed of the house of the petitioner.
Learned counsel for the petitioner submits that the alleged recovery was not made from the house of the petitioner rather the same was made from the cattle shed, situated
Patna High Court CR. MISC. No.47161 of 2019(2) dt.30-07-2019 2/2 adjacent to the house of the petitioner, which is easily accessible to anyone. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judgecum-Special Judge, Excise, Samastipur, in connection with Excise Case No.214 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T