Arbind Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41140 of 2016 Arising Out of PS.Case No. -120 Year- 2016 Thana -SIKTI District- ARRARIA ====================================================== Arbind Kumar Sah, Son of Chousan Sah, Resident of Kauakoh, Police Station - Sikty (Bardaha), District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate. For the Opposite Party/s : Mr. Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2016 Heard both sides.

The petitioner apprehends his arrest in Sikty P.S. Case No. 120/2016 registered under Sections 272 and 273 of the Indian Penal Code and Section 47 of the Bihar Excise Act. The informant, an S.H.O. of Sikty Police Station, alleged that three persons were riding on a motorcycle; on suspicion, the police chased them and apprehended two persons but one person managed to flee away. The apprehended accused, namely, Pankaj Kumar Yadav and Munna Kumar Yadav disclosed the name of the other person as Arbind Kumar Sah (the petitioner). It is submitted that from the motorcycle 88 bottles of country made liquor were recovered. It is submitted that the petitioner was not apprehended on the spot and nothing has been recovered from his possession.

Patna High Court Cr.Misc. No.41140 of 2016 (2) dt.22-09-2016 2/2 It appears that the petitioner was also one of the pillion riders on the motorcycle and they all were going along with country made liquor made in Nepal.

Considering the facts that huge quantity of country made liquor was recovered and the petitioner was one of the pillion riders, I am not inclined to enlarge the petitioner on anticipatory bail in Sikty P.S. Case No. 120 of 2016. Accordingly, the same is rejected.

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