Om Prakash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29651 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Om Prakash Sahani son of Raghunath Sahani, resident of Village- Sonbarsa Purbari Tola, P.s.- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-11-2015 Heard both sides.

The petitioner apprehends his arrest in Harsidhi P.S. Case No. 81/2014, registered for the offences punishable under Section 272, 273 of the Indian Penal Code and Section 47(A) of Excise Act.

From the house of the petitioner country made liquor, rappers etc. were recovered.

It is submitted that the petitioner was not arrested on the spot. Nothing has been recovered from the conscious possession of the petitioner. The house was abandoned and nobody has said that the petitioner was selling country made liquor. Having considered the fact that the petitioner was

Patna High Court Cr.Misc. No.29651 of 2015 (3) dt.02-11-2015 2/2 managed to flee away when the police raided the place and from there country made liquor and other articles were recovered, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Vinita/- U T