Arjun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61378 of 2019 Arising Out of PS. Case No.-362 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== ARJUN RAI Son of Dular Chand Ray @ Dular Chandra Ray Resident of Village - Birnama Tula Tola, Manna, P.S.- Angarghat, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Samastipur Muffasil Police Station Case No.362 of 2019 registered under Sections 30 (a) and 37(B) of the Bihar Prohibition and Excise Act.

The accusation is that in course of patrolling duty by the informant and other police personnel, one person was seen sitting near the closed shop, situated at Bhushan Chowk. On seeing the police vehicle, that person started to flee away but, on chase, he was apprehended, who disclosed his name as Shiv Chandra Rai and, on search, he was found in possession of one bottle of 180 ml. Indian Made Foreign Liquor, and smell of

Patna High Court CR. MISC. No.61378 of 2019(2) dt.15-10-2019 2/2 liquor was also coming out from his mouth. On query, the apprehended person disclosed that he has purchased the liquor from this petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot rather his name has been disclosed by the apprehended accused. 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 2nd Additional Sessions Judgecum-Special Judge, Excise, Samastipur, in connection with Samastipur Muffasil Police Station Case No.362 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T