Makkhi Sao @ Shankar Sao v. The State Of Bihar

Patna High Court Cr.Misc. No.48962 of 2014 (2) dt.07-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48962 of 2014 Arising Out of PS.Case No. -162 Year- 2014 Thana -PANDARAK District- PATNA ======================================================

1. Makkhi Sao @ Shankar Sao son of Late Jagat Sah resident of Village - Railley, Police Station - Pandarak, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Pandarak P.S. Case No. 162 of 2014 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47 (a) of the Excise Act.

Allegedly, during search, from the house of the petitioner 200 pouches of country made liquor, containing 200 ml. each, were recovered and the petitioner succeeded in fleeing away and accordingly, seizure list was prepared.

Submission is of false implication and that in the seizure list it is mentioned that 100 pieces of country made liquor of 200ml were recovered and further police case number is also

Patna High Court Cr.Misc. No.48962 of 2014 (2) dt.07-05-2015 mentioned which makes the alleged search and seizure doubtful and the petitioner got no criminal antecedent to which the learned APP opposes.

Considering that from the house of the petitioner illicit liquor were recovered and the petitioner succeeded in fleeing away, this Court is not persuaded to grant the privilege of prearrest bail to the petitioner, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T