Raju Sao @ Raju Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30511 of 2018 Arising Out of PS.Case No. -141 Year- 2018 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Raju Sao @ Raju Kumar,

2. Sonu Sao @ Sonu Kumar , Both are S/o Ram Sharan Sah, R/o Vill.- Rabi Chowk, P.S.- Shastri Nagar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Adv. For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Special Case No. 2011 of 2018 arising out of Shastri Nagar Police Station Case no. 141 of 2018, registered for offences punishable under Sections 285, 286 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act and Section 7 of the Essential Commodities Act.

Allegation is of recovery of 50 bottles each containing 750 ML. of different kind of English Liquor from a semi constructed house.

It has been submitted on behalf of the petitioners that nothing has been recovered from the possession of the petitioners

Patna High Court Cr.Misc. No.30511 of 2018 (2) dt.04-06-2018 2/2 rather it is evident from the seizure list itself that the said recovery has been made from the partially constructed house of the petitioners, which is an open place and is accessible to everybody and petitioners have nothing to do with the said recovery. Considering the facts and circumstances of the case, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 2011 of 2018 arising out of Shastri Nagar Police Station Case no. 141 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) sunil/- U T