Chhote Thakur @ Bauka @ Chhote Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80954 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- BHEJA District- Madhubani ====================================================== 1.

Chhote Thakur @ Bauka @ Chhote Kumar Thakur, aged about 35 years, Male, Son of Ramdeo Thaku, Resident of Village - Ratuyar, P.S.- Bheja, District - Madhubani.

2.

Ramesh Thakur @ Ramesh Kumar Thakur, agegd about 20 years, Male, Son of Puran Thakur, Resident of Village - Nawada, P.S.- Madhepur, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv For the Opposite Party/s :

Mr.Meena Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, apprehend their arrest registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Informant has alleged that on specific information that Ramdev Thakur is indulged in sale of illicit liquor, his house was raided and he was apprehended on the spot and from his house 265 liters of illicit liquor were recovered. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.80954 of 2019(2) dt.10-12-2019 2/2 case on the basis of confession made by Ramdev Thakur. Neither they have been apprehended on the spot nor any illicit liquor has been recovered from their possession or from their house as such no offence under Excise Act is made out against the petitioners. Petitioners have no criminal antecedent. Considering the facts and circumstances of the present case, let petitioners, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on prearrest bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IIcum-Special Judge, Excise Act, Madhubani, in connection with Bheja P.S. Case No. 117 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) Rajiv/- U T