Mukesh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60584 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== MUKESH KUMAR RAY S/O Ramshresth Yadav R/O village- Moulanapur, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.

The petitioner apprehends his arrest in Rajepur P.S. case No. 85 of 2019 registered under Section 272, 273 of the IPC and u/s 30(a) of the Bihar Prohibition & Excise Act. The informant alleged that he got secret information that one person was selling liquor in the market. On such, the informant and other police officials went near the temple and saw that one person threw a bag and fled away. About five liters of country made liquor was recovered. The people who were present there are said to have disclosed the name of the petitioner.

The learned counsel for the petitioner submits that the informant did not disclose the name of those persons who disclosed the name of the petitioner. On mere suspicion the

Patna High Court CR. MISC. No.60584 of 2019(2) dt.16-10-2019 2/2 petitioner was dragged in the case. The petitioner never fled away nor ever indulged in selling liquor. The petitioner has got no criminal antecedent.

Taking into consideration the facts that name of the petitioner figured in the case on the basis of so called disclosure made by the persons, who were present at the place of occurrence, but nothing has been recovered from the possession of 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 -cum- Special Judge, Excise Act, East Champaran, Motihari in connection with Rajepur P.S. case No. 85 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