Upendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35575 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- KHAIRA District- Saran ====================================================== Upendra Sah Son of Vishwanath Sah Resident of Village-Khaira, P.S.-Khaira, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Amarendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Khaira P.S. Case No. 105 of 2019, registered for the offences punishable under Section 272 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

During patrolling, on suspicion the police raided the place near Baghi Canal and seeing the police party, one person fled away from there. It is alleged that 70 litres of country made liquour made of Mahua was recovered from there. Local villagers disclosed the name of petitioner, as the person who fled away from the place of occurrence. Recovery has been made from a public place. Nothing has been recovered from the possession of petitioner. Petitioner has got no criminal antecedent.

Considering the facts aforesaid, the petitioner above-

Patna High Court CR. MISC. No.35575 of 2019(3) dt.07-08-2019 2/2 named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IX-cumSpecial Judge, Excise, Saran at Chapra in connection with Khaira P.S. Case No. 105 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T