Prakash Prasad @ Om Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26136 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== Prakash Prasad @ Om Prakash Sah, Son of Late Raghunath Sah, Resident of Village- Saraiya, Police Station- Basantpur, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Basantpur P.S. Case No. 17 of 2019 registered under Section 30(a) of the Bihar Excise Act, 2016.

On receiving secret information about keeping of illegal Indian made liquor concealing near the railway track in village Babhanauli by petitioner along with two others named in the F.I.R. and one unknown, the informant and other police officials reached for verification. On seeing the police party, Munna Kumar Sharma, petitioner and one unknown succeeded to flee away. On search, 471.84 litres of Indian made foreign liquor, kept in different bottles, were recovered.

Patna High Court CR. MISC. No.26136 of 2019(2) dt.23-04-2019 2/2 Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not apprehended near the railway track, from where, the alleged 471.84 litres of Indian made foreign liquor, kept in different bottles, recovered. Moreover, there is no detailed about the media, by which, informant and other police officials identified the petitioner and other accused and petitioner has no criminal antecedent.

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 six 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 2nd Additional Sessions Judge-Cum-Special Judge, Excise, Siwan, in connection with Basantpur P.S. Case No. 17 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T