Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54492 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== RAKESH KUMAR Son of Shiv Dayal Sah, Resident of Village- Pipra, P.S.- Darpa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Mishra For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-08-2019 Heard both sides.

The petitioner apprehends his arrest in Chhauradano P.S. Case No.78 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The police caught Sukat Alam from whose possession huge quantity of Nepali liquor was recovered while he was carrying. Sukat Alam disclosed the name of Pintu Ram, Bipin Prasad, Nawal Yadav and Rakesh Kumar (petitioner) and on the basis of disclosure made by Sukat Alam, the houses of Pintu Ram and Bipin Prasad were searched and liquor was recovered from their houses but when search was made in the house of the petitioner, nothing was recovered and the petitioner was not present.

Patna High Court CR. MISC. No.54492 of 2019(2) dt.30-08-2019 2/2 Learned counsel for the petitioner submits that the name of the petitioner figured in the case only on the disclosure made by Sukat Alam. Nothing has been recovered from the house of the petitioner.

Having considered the facts aforesaid, 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 9th Additional Sessions Judge-cumSpecial Judge, Excise, East Champaran, Motihari in connection with Chhauradano P.S. Case No.78 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