Mitul Kumar @ Avinash Kumar @ Abhinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51086 of 2019 Arising Out of PS. Case No.-125 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== Mitul Kumar @ Avinash Kumar @ Abhinash Kumar Son of Surendra Raut @ Surindra Raut Resident of Village-Mela Bazar, Madhuban, P.S-Madhuban, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Madhuban P.S. Case No. 125 of 2019, registered under Section 30(a) of the Bihar Excise Act, 2016.

The accusation is of recovery of 2 bottles each containing 750 ml and 13 bottles each containing 180 ml of Indian made foreign liquor from the latrine room behind the house of the petitioner.

Learned counsel for the petitioner submits that the aforesaid liquor was not recovered from the house of the petitioner rather the same was recovered from the latrine room behind the house of the petitioner, which is assessable to any

Patna High Court CR. MISC. No.51086 of 2019(2) dt.19-08-2019 2/2 person and 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 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 learned Special Judge, Excise, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 125 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T