Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52691 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Randhir Kumar, Aged about 16 years, Male, Son of Brahmadeo Yadav, Resident of Village - Chandanpur, P.S. and Distt - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar 1 For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-08-2019 Heard both sides.

Petitioner apprehends his arrest in Excise Complaint Case No.48/2019-20, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The Excise Official on secret information raided the lodge of Ran Vijay Yadav, son of Anand Prasad Yadav and from an abandoned room used for latrine, huge quantity of different brands of whiskey was recovered.

Learned counsel for the petitioner submits that the excise official named this petitioner in the prosecution report only on a vague information that the petitioner used to assist Ran Vijay Yadav in selling liquor. Nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.52691 of 2019(2) dt.23-08-2019 2/2 It appears from the prosecution report that the whiskey was recovered from the lodge of Ran Vijay Yadav and the name of the petitioner figured in the case only on account of disclosure made by unknown persons that the petitioner assists Ran Vijay Yadav in the trade of illicit liquor but nothing has been recovered from the conscious possession of the petitioner. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 the learned Additional District & Sessions Judge-IInd-cum-Special Judge of Excise, Madhepura in connection with Excise Complaint Case No.48/2019-20, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T