Patna High CourtCR. MISC./33106/2018allowed

Deen Dayal Kumar v. The State Of Bihar

2018-06-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33106 of 2018 Arising Out of PS.Case No. -48 Year- 2018 Thana -IMAMGANJ District- GAYA ====================================================== Deen Dayal Kumar, son of Ramdhani Ram, R/0 Village-Gewalganj, P.SImamganj,District-Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Imamganj P.S. Case No.48/2018, registered for offences punishable under Section 30 (a) of the Bihar Excise Amendment Act, 2016.

Allegation is of recovery of 9 bottles each containing 180 ML as well as one bottle containing 375 M.L of Indian Made Foreign Liquor.

It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner rather the recovery was made from the courtyard of the petitioner which is an open place and is evident from the seizure list itself. It has also been submitted that petitioner has nothing to

Patna High Court Cr.Misc. No.33106 of 2018 (2) dt.06-06-2018 2/2 do with the said recovery and has falsely been made accused in this case and he has no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya, in connection with Imamganj P.S. Case No.48/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) sunil/- U T