Karu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66290 of 2019 Arising Out of PS. Case No.-282 Year-2019 Thana- KOTWALI District- Munger ====================================================== KARU THAKUR Son of Late Shankar Thakur Resident of Village/Muhalla - Rampur Bhikhari, P.S.- Kotwali, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== 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 Kotwali (Purabsarai) P.S. Case No. 282 of 2019, registered under Section 30(a)/32 of the Bihar Excise Act.

The accusation is that on receiving secret information about keeping the illicit liquor at the purchased land of Gaurav Kumar in village Rampur Bikhari, the informant along with police personnel reached there. On seeing the police party, two persons succeeded to flee away. On search, 96 bottles each containing 180 ml, 45 bottles each containing 375 ml, 58 bottles each containing 375 ml, 12 bottles each containing 750 ml and 211 bottles each containing 180 ml were recovered from the land. The villagers, who were present there, disclosed the name of Gaurav Kumar and Karu

Patna High Court CR. MISC. No.66290 of 2019(2) dt.05-11-2019 2/2 Thakur (petitioner), who succeeded to flee away. Learned counsel for the petitioner submits that it would appear from the FIR that seized liquors was recovered from the field of Gaurav Kumar not from the house of the petitioner but the petitioner has falsely been implicated in the present case by the villagers due to ulterior motive. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III-cum-Special Judge(Excise) Act, Munger, in connection with Kotwali (Purabsarai) P.S. Case No. 282 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