Dasai Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33447 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== Dasai Ram, S/o Late Kali Charun Ram, R/o village- Baghauni, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hussainganj P.S. Case No. 68 of 2019, registered under Sections 30(a), 36, 38 and 41(1) of the Bihar Excise Act, 2016, pending in the court of 2nd Additional Sessions Judge-cumSpecial Judge, Siwan. The accusation is that on receiving secret information about keeping the illicit liquor in poultry farm by Shailendra Yadav in village Baghauni, the informant along with other police personnel reached there. On seeing the police party, five persons started to flee away, but on chase, one person was apprehended, who disclosed his name as Rahul Kumar @ Bhuwara, while four persons succeeded to flee away. Rahul

Patna High Court CR. MISC. No.33447 of 2019(4) dt.17-08-2019 2/2 Kumar @ Bhuwara disclosed the name of Shaildendra Yadav, Sandeep Yadav, Babloo Bhagat and Dasai Ram (petitioner), who succeeded to flee away. On search, 158 cartoons each containing 48 bottles of 180 ml and 240 pouches each containing 180 ml of Indian made foreign liquor recovered from the poultry farm. Learned counsel for the petitioner submits, in fact, son of the petitioner is the owner of aforesaid poultry farm, from where, the alleged country made liquor were recovered but at that time, the poultry farm was locked.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

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