Appu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65873 of 2019 Arising Out of PS. Case No.-438 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== APPU KUMAR Son of Kameshwar Mandal Resident of Village- Pakari, Police Station- Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.C2-438 of 2019 registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving the secret information about doing the business of illicit liquor by the petitioner, the informant being the Excise Official and other staff reached in village-Pakri. While the petitioner succeeded to flee away from there but, on search, 4 bottles of 750 ml. and 12 bottles of 180 ml. Indian Made Foreign Liquor were recovered from the bush, situated behind the house of the petitioner. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65873 of 2019(2) dt.05-11-2019 2/2 alleged recovery is said to be made from the bush situated behind the house of the petitioner and not from the house of the petitioner. The petitioner was not present there at the time of the alleged recovery. 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 Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Sitamarhi, in connection with Complaint Case No.C2-438 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T