Mithu Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69065 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- HISUWA District- Nawada ====================================================== MITHU RAJBANSHI Son of Murari Rajbanshi Resident of Village - Bhelu Bigha, P.S.- Hisua, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2019 Heard both sides.

The petitioner apprehends his arrest in Hisua P.S. case No. 34 of 2019 registered u/s 30(a) of the Bihar Prohibition & Excise Act.

The police raided a lonely place situated near cremation ground and recovered 65 liters of country made liquor. The name of the petitioner surfaced in the case on the disclosure made by some of the villagers but the names of villagers have not been disclosed.

The learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner and the petitioner has no manner of concern with the liquor recovered from a lonely place situated near cremation ground. The petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.69065 of 2019(2) dt.15-11-2019 2/2 Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the 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 his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Nawada in connection with Hisua P.S. case No. 34 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T