Bindeshwari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49718 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- SIRDALA District- Nawada ====================================================== 1.

BINDESHWARI PRASAD(Male), aged about 45 years, Son of Baliram Prasad 2.

Ajit Prasad @ Ajit Kumar(Male), aged about 30 years, Son of Kuldeep Prasad 3.

Naresh Prasad(Male), aged about 40 years, Son of Chamari Prasad All resident of Village - Bhitiya, P.S.- Sirdalla, District - Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-08-2019 Heard both sides.

The petitioners apprehend their arrest in Sirdalla P.S. Case No.25 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The S.H.O. of Sirdalla P.S. alleged that he got information that the petitioners were preparing country made liquor on the bank of a pond and on such, a raid was conducted. Country made liquor was recovered.

The learned counsel for the petitioners submits that nobody has seen the petitioners preparing liquor. Even the informant of the case did not disclose the name of the person

Patna High Court CR. MISC. No.49718 of 2019(2) dt.08-08-2019 2/2 who gave information about the petitioners. Petitioners have got no criminal antecedent. Recovery was made from the lonely place and without any cogent material, petitioners have been implicated in the case on mere suspicion.

Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J. II-cum-Special Judge, Nawada in connection with Sirdalla P.S. Case No.25 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T