Pintu Shahi @ Amrendra Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38976 of 2020 Arising Out of PS. Case No.-43 Year-2020 Thana- KATHAIYA District- Muzaffarpur ====================================================== Pintu Shahi @ Amrendra Shahi, Son of Ramesh Shahi, Resident of Village - Harpur Handi, P.S.- Kathaiya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate.

For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Kathaiya P.S. Case No. 43 of 2020, registered under Sections 188, 269 and 270/34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

The accusation is that in course of patrolling duty, one person was seen in suspicious condition having bag in his hand. On seeing the police party, he tried to flee away but on chase, he was apprehended, who disclosed his name as Akhilendra Singh. On

Patna High Court CR. MISC. No.38976 of 2020(2) dt.13-07-2021 2/2 search of his bag, two bottles each containing 750 ml of Indian made foreign liquor were recovered. On query, apprehended person disclosed that he used to purchase the illicit liquor from Pintu Sahi (petitioner), Raj Kishore Sah, Rajesh Kumar and Akash Kumar. Learned counsel for the petitioner submits that petitioner was not apprehended at the spot but his name has surfaced in the confessional statement of co-accused, Akhilendra Singh, who is said to be apprehended with two bottles each containing 750 ml of Indian made foreign liquor. Further submission is that 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 learned Special Judge Excise, Muzaffarpur, in connection with Kathaiya P.S. Case No. 43 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Bhardwaj/- (Rajendra Kumar Mishra, J) U T