Sagar Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64152 of 2019 Arising Out of PS. Case No.-236 Year-2019 Thana- KOCHADHAMAN District- Kishanganj ====================================================== 1.

Sagar Rishi, Son of Ganga Rishideo Resident of Village - Maudho, P.S.- Kochadhaman, Distt - Kishanganj.

2.

Rajesh Rishi, Son of Kripanand Rishi Resident of Village - Andhasur Bazar, Dogaharia Mandal Tola, P.S.- Kochadhaman, Distt - Kishanganj. 3.

Sanjeet Rishi, Son of Kripanand Rishi Resident of Village - Andhasur Bazar, Dogaharia Mandal Tola, P.S.- Kochadhaman, Distt - Kishanganj. 4.

Kripanand Rishi, Son of Manglu Rishi Resident of Village - Andhasur Bazar, Dogaharia Mandal Tola, P.S.- Kochadhaman, Distt - Kishanganj. 5.

Dev Lal Mandal, Son of Harkhoo Mandal Resident of Village - Andhasur Bazar, Dogaharia Mandal Tola, P.S.- Kochadhaman, Distt - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Yadav For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Special Case No. 312/CIS No. 312/2019 arising out of Kochadhaman P.S. Case No. 236 of 2019 registered under Section 30(a) of the Bihar Excise Act, 2016.

The accusation is of recovery of one plastic gallon containing five litres and one bottles containing one and half ligtres country made liquor from the bush near the house of Kripanandan Rishi (petitioner no.4) and one plastic gallon containing five litres

Patna High Court CR. MISC. No.64152 of 2019(2) dt.22-10-2019 2/2 country made liquor from the carrier of the motorcycle. Learned counsel for the petitioners submits that it would appear from the F.I.R. that petitioners were not apprehended at the spot nor any incriminating has been recovered from possession of these petitioners rather their names have surfaced in the F.I.R. on the basis of information given by the local people about keeping the illicit liquor. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Additional Sessions Judge-IIcum-Special Judge, Excise, Kishanganj, in connection with Special Case No. 312/2019 arising out of Kochadhaman P.S. Case No. 236 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T