Dablu Khan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76003 of 2018 Arising Out of PS. Case No.-119 Year-2018 Thana- RAGHUNATHPUR District- Siwan ======================================================

1. Dablu Khan Son of Mustafa Khan

2. Abbas Ali @ Abbas Mian, Son of Majeed Khan

3. Arun Kumar Chauhan @ Arun Chauhan Son of Adalat Chauhan

4. Sailesh Sah @ Sailesh, Son of Manager God,

5. Ram Garoh Gor @ Ram Garahe Gor, Son of Sugreev God, All Resident of Village- Harpur, P.S.- Raghunathpur, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2018 Heard both sides.

The petitioners apprehend their arrest in Raghunathpur P.S. Case No.119 of 2018 registered under Sections 272, 273, 308 and 34 of the Indian Penal Code and Sections 30A, 38A, 41(1) of Bihar Prohibition and Excise Act. The police raided a place on secret information that Dablu Khan, Bablu Khan and others had kept liquor in the field of Shambhu Miyan and they used to sell and also transport the liquor illegally. The police recovered country made liquor and other articles from the place of occurrence. One Mustafa Khan was apprehended and he disclosed the name of the petitioners. The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.76003 of 2018(2) dt.21-12-2018 2/2 the petitioners had no connection with the illegal liquor kept in the field of Shambhu Miyan. Petitioners were not apprehended on the spot and nothing has been recovered from the conscious possession or from the house of the petitioners. Petitioners have got no criminal antecedent.

Considering the fact that nothing has been recovered from the conscious possession of the petitioners or from the house of the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge, Excise Act, Siwan in connection with Raghunathpur P.S. Case No.119 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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