Sunil Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65840 of 2019 Arising Out of PS. Case No.-355 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== SUNIL BIND Son of Ramhari Bind R/O Village Didikhili, P.S. Mohania, District Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2019 Heard both sides.

The petitioner apprehends his arrest in Mohania P.S. Case No.355 of 2019 registered under Section 414 of the Indian Penal Code and under section 30(a) of the Bihar Prohibition and Excise Act.

The informant got information that in the Shiv Temple, a huge quantity of liquor was stored which belonged to Sandeep Singh and Omprakash Singh. On such, the police went there and saw that two persons were sitting there and seeing the police, both accused tried to flee away but on chase, one accused was apprehended, who disclosed his name as Sandeep Kumar Singh. On search, a huge quantity of litres of Indian made foreign liquor was recovered from the room of the temple.

Patna High Court CR. MISC. No.65840 of 2019(2) dt.21-10-2019 2/3 Three keys of motorcycles and car were also recovered from the pocket of the apprehended accused. The apprehended accused disclosed that the petitioner and others are also involved in transportation and selling liquor.

Learned counsel for the petitioner submits that save and except disclosure made by co-accused Sandeep Kumar Singh, there is no material to show the involvement of this petitioner. The house of petitioner was not raided nor any liquor was rerecorded from conscious or constructive possession of the petitioner.

Having considered the facts aforesaid that save and except the disclosure made by co-accused Sandeep Kumar Singh, there is no material to show the involvement of this petitioner in selling liquor, 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 Additional Sessions Judge 4th-cumSpecial Judge, Excise, Kaimur at Bhabua in connection with Mohania P.S. Case No.355 of 2019, subject to the conditions as

Patna High Court CR. MISC. No.65840 of 2019(2) dt.21-10-2019 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

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