Upendra Sah @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3620 of 2017 Arising Out of PS.Case No. -432 Year- 2016 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Upendra Sah @ Upendra Kumar, S/o Ram Deo Sah, resident of VillageOlipur, P.S.- Runnisaidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate. For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 30, 30(g), 38(1) (2) of Bihar Excise Amendment Act, 2016, Sections 25(1-b) (a), 30 of the Arms Act and Section 120(B) of the Indian Penal Code. It has been submitted that foreign liquor has been recovered from the joint house of Mritunjay Kumar and Sanjay Kumar. The name of the petitioner has been disclosed by Mritunjay who was apprehended on the spot. The seizure list enclosed with the First Information Report shows that the foreign liquor has been recovered from the joint house of Mritunjay Kumar and Sanjay Kumar.

From the written report itself it appears that Mritunjay

Patna High Court Cr.Misc. No.3620 of 2017 (2) dt.10-02-2017 2/2 Kumar and Sanjay Kumar were apprehended by the police on the spot and Mritunjay Kumar disclosed the name of the petitioner. Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Runnisaidpur P.S. Case No. 432 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T