Rituraj Kumar @ Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57639 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- MOKAMAH District- Patna ====================================================== RITURAJ KUMAR @ SHARMA, Son of Gopal Singh @ Gopal Kumar Resident of Sankerbar Tola, Bhagwati Asthan, P.S.- Mokama, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Special Case No. 6082 of 2019, arising out of Mokama P.S. Case No. 132 of 2019, registered under Sections 30(a), 37(b) and 37(c) of the Bihar Prohibition Excise Act. The accusation is that on receiving secret information about moving of a person in drunken condition at Goshala road, the informant along with other Police personnel reached there then saw a person in drunken state, who was creating nuisance then he was caught hold. The apprehended person disclosed his name Raja Kumar and on search one bottle containing 180 ML Indian made foreign liquor recovered. On query, he disclosed that the liquor is being
Patna High Court CR. MISC. No.57639 of 2019(2) dt.13-09-2019 2/2 supplied by this petitioner.
Learned counsel for the petitioner submits that petitioner was not apprehended on the spot, rather, his name surfaced in the confessional statement of Raja Kumar, who was said to be apprehended on the spot in drunken condition. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise, Patna in connection with Mokama P.S. Case No. 132 of 2019 (Special Case No. 6082 of 2019), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T