Deolal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59340 of 2019 Arising Out of PS. Case No.-483 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== DEOLAL RAI Son of Late Kawal Rai Resident of Village - Madhopur, Lakhna, P.S.- Turkauliya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-09-2019 Heard both sides.

The petitioner apprehends his arrest in Turkauliya P.S. case No. 483 of 2019 registered under Section 272, 273/34 of the IPC and u/s 30(a) of the Bihar Prohibition & Excise Act. The informant got information that petitioner and others are indulged in illegal trade of liquor from the cattle shed of Satendra Rai. On such, a raid was conducted and from the cattle shed of Satendra Rai 82 liters of country made liquor was recovered.

The learned counsel for the petitioner submits that name of the petitioner has also been surfaced in the case but there is absolutely no material against the petitioner. Nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.59340 of 2019(2) dt.25-09-2019 2/2 petitioner. Recovery is made from cattle shed of Satendra Rai and there is no evidence to show that petitioner was indulged in illegal trade of liquor save and except so called secret information of the informant.

Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the 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 his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX-cumSpecial Judge, Excise Act, East Champaran, Motihari in connection with Turkauliya P.S. case No. 483 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T