Akhilesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52412 of 2019 Arising Out of PS. Case No.-125 Year-2019 Thana- ISUAPUR District- Saran ====================================================== AKHILESH PANDIT Son of Shivnath Pandit, Resident of Village-Nipaniya, P.S.-Isuapur, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-08-2019 Heard both sides.

The petitioner apprehends his arrest in Isuapur P.S. Case No.125 of 2019 registered under Sections 30, 38 and 41 of the Bihar Prohibition and Excise Act.

The informant (S.H.O. of Isuapur P.S.) alleged that he got information that Sanjay Sah and Akhilesh Pandit (petitioner) were selling spirit in the field of Hazrat Ali. When the informant went there, the accused persons fled away but the police recovered 220 litres of spirit.

Learned counsel for the petitioner submits that nobody has seen the petitioner selling spirit in the field of Hazrat Ali. Even the informant did not disclose the source of information. The petitioner has got no criminal antecedent and no recovery is made from conscious possession of the petitioner.

Patna High Court CR. MISC. No.52412 of 2019(2) dt.22-08-2019 2/2 Having considered the facts that the recovery is made form the field of Hazrat Ali and the petitioner has got no criminal antecedent, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XI-cum-Special Judge, Excise, Saran at Chapra in connection with Isuapur P.S. Case No.125 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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