Jayprakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 27982 of 2022 Arising Out of PS. Case No.-230 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== Jayprakash Sah S/O Nagendra Sah Resident Of Village- Hariharpur, P.S.- Pupri, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in connection with Pupri P.S. Case No. 320 of 2021 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 61.5 litres of country made liquor from the courtyard of the house belonging to the co-accused Nunu Devi who disclosed the name of petitioner and other coaccused persons who fled away from the place of seizure. The petitioner is alleged to have fled away from the place of seizure. It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No. 27982 of 2022(2) dt.15-11-2022 2/2 The petitioner has no concern with the seized illicit liquor. The name of the petitioner came in light on the confessional statement of co-accused person. A statement has been made in para 3 of the petition that petitioner is accused in four other cases apart from the present one.

Considering the fact that petitioner is accused in four other cases apart from the present one, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. This application stands disposed off.

Accordingly, the petition is disposed off with a liberty to the petitioner to surrender before learned Court below and pray for regular bail. The learned Court below may consider the prayer for regular bail of the petitioner, keeping in view the facts discussed above and without being prejudiced by the order of this Court.

(Sunil Kumar Panwar, J) nirajkrs/- U T