Sumit Kumar Mallik @ Guddu Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62605 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- TARABARI District- Araria ====================================================== SUMIT KUMAR MALLIK @ GUDDU MALLIK Son of Kanti Kumar Mallik @ Kanti Mallik Resident of Village and P.S.- Madanpur (Araria), District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2019 Heard both sides.

The petitioner apprehends his arrest in Tarabari P.S. Case No.65 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The police intercepted two persons on a motorcycle and recovered liquor. The apprehended accused disclosed that they were carrying liquor at the instance of the petitioner. Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner. Having considered the facts that the name of petitioner surfaced in the case at the instance of the apprehended accused from whose possession liquor was recovered but there is no material to show that the petitioner handed over liquor to

Patna High Court CR. MISC. No.62605 of 2019(2) dt.17-10-2019 2/2 the apprehended accused for carrying the same, the above named petitioner, in the event of his arrest or surrender before the learned 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 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Araria in connection with Tarabari P.S. Case No.65 of 2019 (Special Case No.544 of 2019), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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