Bikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52006 of 2019 Arising Out of PS. Case No.-686 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== BIKASH KUMAR Son of Ramesh Prasad Resident of Village - Tiwary Bigha, P.S.- Town, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-08-2019 As prayed for, learned counsel for the petitioner is permitted to make necessary correction in the cause title of this application with regard to the name of the village of the petitioner.

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.686 of 2019 registered under Section 30(a) of the Bihar Excise Act.

The accusation is that on receiving secret information about doing the business of illicit liquor by Ramesh Prasad and his son, namely, Bikash Kumar (petitioner) in village-Tiwary Bigha, the informant along with other excise officials reached at

Patna High Court CR. MISC. No.52006 of 2019(2) dt.21-08-2019 2/3 the campus of burning ghat in the village, then the father of the petitioner was apprehended, while the petitioner succeeded to flee away. On search, 24 bottles, each containing 750 ml. Indian Made Foreign Liquor, 66 bottles, each containing 375 ml. Indian Made Foreign Liquor, 165 bottles, each containing 180 ml. Indian Made Foreign Liquor and 5 bottles, each containing 750 ml. Indian Made Foreign Liquor, kept in the bundles of straw at the campus of the burning ghat, were recovered. Learned counsel for the petitioner submits that the alleged recovery of Indian Made Foreign Liquor was made from the campus of the burning ghat and not from the house of the petitioner. The petitioner was not apprehended on the spot. Due to dirty village politics, the petitioner has falsely been implicated in this case. 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 Additional Sessions Judge-VIIcum-Special Judge (Excise), Aurangabad, in connection with

Patna High Court CR. MISC. No.52006 of 2019(2) dt.21-08-2019 3/3 Excise Case No.686 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T