Krishna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14128 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== KRISHNA SAH, aged about 52 years, Male, S/o Late Parmatma Sah, Resident of Village- Rasulpur, P.S.- Rasulpur, Distt- Saran ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Prakash, Adv.

For the Opposite Party :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks pre-arrest bail in connection with Excise Case No. 4 of 2020, pending in the Court of the Additional Sessions Judge II-cum-Special Judge, Excise, Saran at Chapra, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The accusation is that in course of search of the house of Krishna Sah (petitioner) by the excise officials, Krishna Sah was not found, but, 191 tetra pack, each containing 180 ml Indian made foreign liquor recovered.

Submission is that the petitioner has no criminal antecedent and at the time of search of the house the petitioner

Patna High Court CR. MISC. No.14128 of 2020(2) dt.12-06-2020 2/2 was not there.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T