Patna High CourtCR. MISC./21679/2019disposed

Prakash Sah v. The State Of Bihar

2019-04-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21679 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Prakash Sah, S/O Late Suresh Sah, Resident of Vill.- Balganga Mushari Tola, P.S.- Raghunathpur, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-04-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from the house of the petitioner, 18.05 litres of country made illicit liquor were recovered.

It is submitted by learned counsel for the petitioner that recovery has been made from the joint family house of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that recovery has been made from

Patna High Court CR. MISC. No.21679 of 2019(2) dt.08-04-2019 2/2 the house of the petitioner.

Considering the quantity of recovery and the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, it is a case for consideration of regular bail by the learned Court below, if the petitioner surrenders within a period of six weeks, in connection with Turkaulia (Raghunathpur) P.S. Case No. 93 of 2019, pending in the Court of learned 7th Additional Sessions Judgecum-Special Judge, Excise, Motihari, East Champaran. Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T