Ashok Sah @ Ashok Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43541 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -RAJIVNAGAR District- PATNA ====================================================== Ashok Sah @ Ashok Saw, Son of Sri Dharik Sah, Resident of MohallaChina Kothi, P.S. Budha Colony, District - Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vinay Ranjan For the Opposite Party/s : Mr. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rajeev Nagar P.S. Case no. 90 of 2016, registered under Sections 290, 272, 273 of the Indian Penal Code and Section 47(a)(2), 53(b)(c), 48(1)(2) of the Bihar Excise Essential Act, 2016. The accusation is that on receiving secret information by the Police that illegal boundary wall has been erected at Aawash Board where some persons used to gather there and after taking liquor they create disturbance in the locality. Thereafter, the Police personnel reached there. On seeing the Police party, some persons started fleeing from the hut situated in the boundary wall, but one person was apprehended from there, who disclosed his name as Ram Chandra Singh, who disclosed that one Dharmendra Rai @ Fekan Rai used to

Patna High Court Cr.Misc. No.43541 of 2016 (2) dt.05-10-2016 2/2 come for construction of house and to take liquor and the plot is belonging to this petitioner. On search, 7680/- pieces of bottle each containing 200 ML country made liquor was found in the said hut and some instrument used in preparation of liquor were also recovered from there.

Learned counsel for the petitioner submits that, in fact, the petitioner has falsely been implicated in this case and this petitioner has already sold the said plot earlier to Dharmendra Rai. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Patna in connection with Rajeev Nagar P.S. Case No. 90 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T