Dharmendra Kumar Sah @ Dharmendra Kumar Sahu @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14431 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- LAUKAHI District- Madhubani ====================================================== DHARMENDRA KUMAR SAH @ DHARMENDRA KUMAR SAHU @ DHARMENDRA KUMAR Son of Vijay Kumar Sahu @ Vijay Kumar Sah @ Vijay Sahu Resident of Village- Sananpatti, P.S.- Laukahi, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2019 Heard both sides.

The petitioner apprehends his arrest in Laukahi P.S. case No. 69 of 2018 registered under Section 272, 273/34 of the Bihar Prohibition & Excise Act.

The informant on secret information raided the house of Vijay Kumar Sah and recovered 46 bottles of Royal Stag liquor each containing 375 ml. from the room of Vijay Kumar Sah.

The learned counsel for the petitioner submits that petitioner is son of Vijay Kumar Sah. The petitioner is a student. The informant did not get any information about the fact that petitioner had kept liquor in his house. The informant got information that father of the petitioner had kept liquor in his

Patna High Court CR. MISC. No.14431 of 2019(2) dt.08-03-2019 2/2 house but since the petitioner happens to be son of Vijay Sah from whose room the liquor was recovered the petitioner has been made accused in the case.

Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that informant himself stated that he got information that Vijay Kumar Sah had kept liquor in his house and on such recovery was made from the room of Vijay Kumar Sah and petitioner and his another brother, Jitendra Sah, have also been made accused in the case, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Laukahi P.S. case No. 69 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T