Ramakant Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40948 of 2019 Arising Out of PS. Case No.-231 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== RAMAKANT SAH, aged about 45 years, Male, Son of Late Laxmi Sah, Resident of Village - Manikpur, P.S.- Saraiya, Dist.- Muzaffarpur ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rabindra Nath Tiwari, Adv.

For the Opposite Party :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Saraiya P.S. Case No. 231 of 2019 (G.R. No. 743 of 2019) for the offences alleged under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving the secret information about keeping the liquor by the petitioner in litchi orchard situated in front of the poultry farm of Yogeshwar Rai at Pipra, the informant and other police officers reached there. On search, six cartons, containing 81 liters of Indian made foreign liquor, were recovered. On query, neighbours and persons present nearby disclosed that petitioner seeing the police party fled away.

Patna High Court CR. MISC. No.40948 of 2019(2) dt.03-07-2019 2/2 The learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case nor the said litchi orchard belongs to the petitioner. the petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Saraiya P.S. Case No. 231 of 2019 (G.R. No. 743 of 2019) shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure.

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