Satendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35894 of 2020 Arising Out of PS. Case No.-125 Year-2020 Thana- MASHRAK District- Saran ====================================================== Satendra Prasad son of Late Murli Prasad Resident of Village- Rajpatti Gola Dumarshan, Police Station- Masharak, District-Saran, at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shrinath Manjhi For the Opposite Party/s :

Mr. B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2021 Heard both sides.

The petitioner apprehends his arrest in Mashrak PS case No. 125/2020 registered under Section 147, 148, 149, 341, 323, 353, 272, 273, 504,506 of the IPC and under Section 30/30(a)/38/41/45 of the Bihar Prohibition & Excise Act. The informant alleged that he received secret inputs that Prem Sah sells illegal country made liquor along with Dashrath Sah and on such information he raided the shop of Dashrath Sah and 13.125 liters of illicit liquor was recovered. Dashrath Sah was apprehended but thereafter many persons assembled at the place of occurrence and they wanted to set free Dashrath Sah from the custody of police.

The learned counsel for the petitioner submits that petitioner and others are alleged to have assembled at the place

Patna High Court CR. MISC. No.35894 of 2020(4) dt.22-06-2021 2/2 of occurrence and tried to set free the apprehended accused but no overt act is alleged against the petitioner. The petitioner has no manner of concern with Dashrath Sah or Prem Sah. The petitioner has got no criminal antecedent.

Taking into consideration the facts aforesaid and the nature of allegation made against the petitioner, the petitioners, above 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 his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IISaran at Chapra in connection with Mashrak P.S. case No. 125 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T