Mahadev Kumar @ Muari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83729 of 2019 Arising Out of PS. Case No.-307 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Mahadev Kumar @ Muari Kumar Son of Shri Daya Shankar Singh @ Doku Resident of Village - Hanumangarhi, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Babita Kumari For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner apprehends his arrest in Muffasil P.S. Case No. 307 of 2019, registered for the offence punishable under Section 30(a)/41(i) of the Bihar Prohibition and Excise Act, 2016.
90.750 litres of liquor is said to have been recovered from bamboo clump near the house of co-accused Chhotu Sah. It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. There is no allegation of tampering with the evidence against this petitioner. The provision of section 100 Cr.P.C has not been followed. Considering the facts aforesaid, the petitioner above-
Patna High Court CR. MISC. No.83729 of 2019(3) dt.05-03-2020 2/2 named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail 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 District and Sessions Judge 2nd-cum-Special Judge, Excise Act, Begusarai in connection with Muffasil P.S. Case No. 307 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U