Munna Khattik @ Munna Sah @ Sita Ramsah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8738 of 2020 Arising Out of PS. Case No.-466 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== MUNNA KHATTIK @ MUNNA SAH @ SITA RAMSAH Son of Late Ram Khelawan Sah Resident of Village - Gudri Bazar, P.S.- Laheriasarai, Dist.- Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Mirityunjay Kumar, Adv.

For the Opposite Party :

Mr.Ramesh Chandra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with G.O. Case No. 1117 of 2019 arising out of Laheriasarai P.S. Case No. 466 of 2019 for the offence punishable under 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 16.110 litres of illicit liquor from the roof of the house of one late Yogendra Sah and the petitioner is stated to be one of the person instrumental in bringing the liquor and keeping it on the roof of the house of late Yogendra Sah.

The learned counsel for the petitioner has submitted that neither the house in question belongs to the petitioner nor any recovery of illicit liquor has been made from the conscious possession of the petitioner, hence, the provisions of Bihar

Patna High Court CR. MISC. No.8738 of 2020(2) dt.28-02-2020 2/2 Prohibition and Excise Act, 2016 are not attracted. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties as also taking into account the fact that neither illicit liquor has been recovered from the conscious possession of the petitioner nor the house in question belongs to the petitioner, this Court is prima facie of the view that no offence is made out under the provisions of Bihar Prohibition and Excise Act, 2016, as far as consideration of the present anticipatory bail petition is concerned, hence, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned 2nd Additional Sessions JudgeCum-Special Judge (Excise Act), Darbhanga in connection with G.O. Case No. 1117 of 2019 arising out of Laheriasarai P.S. Case No. 466 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) K.K.RAO/- U T