Ram Ishwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59577 of 2019 Arising Out of PS. Case No.-290 Year-2019 Thana- MAHUA District- Vaishali ====================================================== RAM ISHWAR RAI Son of Late Gonaur Rai Resident of Village - Mahua Singh Rai, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahua P.S. Case No.290 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act. The accusation is that in course of patrolling duty on receiving the secret informant about storage of the liquor by making circle through the bricks in front of the house of Ram Ishwar Rai (petitioner) in village-Mahua Singh Rai, the informant along with other police personnel reached there. On seeing the police vehicle, 4-5 persons started to flee away in different directions. While they were chased but succeeded to flee away. On search, several bottles of different quantity, kept

Patna High Court CR. MISC. No.59577 of 2019(2) dt.20-09-2019 2/2 in several cartoons, containing Indian Made Foreign Liquor, total in the quantity of 187.92 liters, were recovered from the bricks, collected in front of the house of the petitioner. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner was not present at his house at the time of alleged recovery and seizure and the place from where the alleged recovery is said to be made is far away from the house of the petitioner. 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-II-cumExcise Court, Vaishali at Hajipur, in connection with Mahua P.S. Case No.290 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

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