Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68311 of 2018 Arising Out of PS. Case No.-452 Year-2018 Thana- MADHAURAH District- Saran ====================================================== Arun Rai, Son of Bantilal Rai, Resident of Asoiyan, P.S.- Marhaura, DistrictSaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending arrest in connection with Marhaura PS Case No. 452 of 2018 for the offence under Sections 188, 272, 273 and 308 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Learned counsel appearing for the petitioner submits that 200 litres of illegal spirit were recovered from the maize field near the farm of the petitioner and not from the conscious and constructive possession of the petitioner. Considering the aforesaid, this application is allowed. Accordingly, in the event of arrest or surrender before the court below within a period of one month from today, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the

Patna High Court Cr.Misc. No.68311 of 2018(2) dt.14-12-2018 2/2 like amount each to the satisfaction of the 6th Addl. District Judge-cum-Special Judge (Excise), Saran at Chapra in connection with Marhaura PS Case No. 452/2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) mrl./- U T