Dina Nath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16531 of 2022 Arising Out of PS. Case No.-269 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== DINA NATH SAH Son of Ram Lakhan Sah Resident of Village- Himmat Patti, Police Station- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

A supplementary affidavit has been filed on behalf of the petitioner, kept on record.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act. It is a case of recovery of country-made wine from the grocery shop and godown.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that in this case, both son and father have been implicated in this case. The petitioner is the father of co-accused Ajay Sah @ Ajay who was granted regular bail by a Co-

Patna High Court CR. MISC. No.16531 of 2022(2) dt.25-08-2022 2/2 ordinate Bench of this Court. He further submits that it is not proper that for one offence, two persons would be implicated in this case. He further submits that vide para-2 of the supplementary affidavit, the shop in question from where the wine was seized was being run by co-accused Ajay Sah who is son of the petitioner.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Sahebganj P.S. Case No. 269 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T