Chotu Sahni @ Chotu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7523 of 2019 Arising Out of PS. Case No.-468 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Chotu Sahni @ Chotu Sahani, Son of Surendra Sahni, Resident of Mohalla Kedarnath Math, P.S. Alamganj, District Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-02-2019 Heard both sides.

Petitioner apprehends his arrest in Alamganj P.S. Case No.468 of 2018, registered under Sections 341, 323 and 34 of the Indian Penal Code as well as under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The informant got information that one Manju Devi and her son-in-law use to sell illicit liquor from her house. On such, the police went there but the petitioner managed to flee away. On search 5 litres of country made liquor was recovered from the house of Manju Devi and on her disclosure 50 litres of country made liquor was also recovered from the bush situated by the side of the river Ganges.

Learned counsel for the petitioner submits that the petitioner is the son-in-law of Manju Devi. Petitioner has no

Patna High Court Cr.Misc. No.7523 of 2019(2) dt.08-02-2019 2/2 manner of concern with the liquor found inside the house of his mother-in-law. Petitioner was not even present in the house at the time of raid but the police in order to falsely implicate the petitioner disclosed that the petitioner managed to flee away.

Taking into consideration the facts that the petitioner happens to be the son-in-law of Manju Devi and from the house of Manju Devi, 5 litres of country made liquor as well as on her disclosure 50 litres of country made liquor was recovered from the bush situated by the side of the river Ganges but nothing has been recovered from possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order 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 Special Judge, Excise, Patna in connection with Alamganj P.S. Case No.468 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T