Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53060 of 2019 Arising Out of PS. Case No.-182 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

AMIT KUMAR Son of Jitendra Singh Resident of village Kochgaon, P.S. Warisaliganj, District- Nawada.

2.

Karu Singh Son of Ram Pravesh Singh Resident of village Kochgaon, P.S. Warisaliganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Warisaliganj P.S. Case No.182 of 2019 registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving secret information about unloading the illicit liquor from a truck in village-Koachgaon by Karu Singh (petitioner no.2), Amit Kumar (petitioner no.1), Rohit Kumar, Bambam Jha and Mithilesh Kumar, the informant along with other police personnel reached there. On seeing the police party, 7-8 persons were seen fleeing away from nearby the truck. While they were chased but they succeeded to flee away, taking the advantage of darkness. On search of the truck, 197 cartoons, each containing 12

Patna High Court CR. MISC. No.53060 of 2019(2) dt.26-08-2019 2/2 bottles of 750 ml. Indian Made Foreign Liquor, and 106 cartoons, each containing of 24 bottles of 375 ml. Indian Made Foreign Liquor, were recovered.

Learned counsel for the petitioners submits that the petitioner were not apprehended on the spot. On mere suspicion, the petitioners have falsely been implicated in this case. The petitioners are neither the driver nor the owner of the seized truck from which the alleged recovery is said to be made. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II,cum-Special Judge, Nawada, in connection with Warisaliganj P.S. Case No.182 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T