Rupesh Sah @ Rupesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10974 of 2019 Arising Out of PS. Case No.-192 Year-2018 Thana- DIGHWARA District- Saran ====================================================== Rupesh Sah @ Rupesh Kumar Sah, Son of Sudish Sah Resident of Unnahachak, P.S.- Dighwara, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Kanhaiya Kishore (App ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the written report of Ameshwar Prasad Singh, A.S.I., of Police, Dighwara Police Station, dated 06.09.2018, submitted to the Station House Officer, Dighwara Police Station, is to the effect that on the same day at 7.30 P.M., the informant received a secret information that co-accused Chandrama Pandit and Chandan Pandit are selling illicit liquor, whereupon, raid was laid and coaccused, Chandrama Pandit and Chandan Pandit were apprehended. From the house of apprehended co-accused

Patna High Court CR. MISC. No.10974 of 2019(2) dt.28-02-2019 2/3 persons, 14 litres of Indian made foreign liquor were recovered. The apprehended co-accused persons suggested the name of the petitioner, Rupesh Sah as the person at whose behest, the liquor was stored in their house.

It is submitted by learned counsel for the petitioner that admittedly the recovery has not been made from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that though the petitioner is also made accused in other case of similar nature, but in that case, he is on bail.

Learned APP submits that the name of the petitioner sprang up on the confession of apprehended co-accused persons. Considering the fact that prosecution case does not suggest that the recovery has been made from the conscious physical possession of the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 6th Additional District & Sessions Judge, Saran in connection with Dighwara P.S. Case No. 192 of 2018, subject to condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.10974 of 2019(2) dt.28-02-2019 3/3 the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T