Om Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32700 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== OM PRAKASH SAH Son of Ramdhari Sah Resident of Village - Mahaicha, P.S.- Hathua, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hathua P.S. Case No.46 of 2019 registered under Sections 30(a), 41(I) (II) of the Bihar Prohibition and Excise Act, 2018. The accusation is that in course of search of semi constructed house of Shankar Ram by the police, 29 cartoons, each containing 48 bottles of 180 ml. Indian Made Foreign Liquor, was recovered, from where two persons succeeded to flee away. The Dafadar, who was present there, disclosed the name of two persons, as Om Prakash Sah (petitioner) and Sugriv Ram, who succeeded to flee away.

Learned counsel for the petitioner submits that it

Patna High Court CR. MISC. No.32700 of 2019(3) dt.26-06-2019 2/2 would appear from the F.I.R. that the alleged recovery of Indian Made Foreign Liquor was made from the semi constructed house of Shankar Ram but he has not been made accused in this case. Moreso, the name of the petitioner has been disclosed by Dafadar, due to dirty village politics. Further submission is that on suspicion, the petitioner has been made accused in one more case, as detailed in paragraph-3 to this application, in which he is on bail.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judgecum-Special Judge, Gopalganj, in connection with Hathua P.S. Case No.46 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T