Sanjay Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42541 of 2019 Arising Out of PS. Case No.-409 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== 1.

Sanjay Kora, S/o Kelu Kora, R/o village- Ghaman Kunda, P.S.- Laxmipur, District- Jamui 2.

Sattan Sah, S/o Nageshwar Sah, R/o village- Tetariya, P.S.- Laxmipur, District- Jamui 3.

Basudev Sah @ Wasudev Sah, S/o Late Maina Sah, R/o village- Tetariya, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Laxmipur P.S. Case No. 409 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving secret information about preparing the illicit liquor in Kushitari forest, informant along with police personnel and local Choukidar reached there and started to search. In that course, three persons were seen preparing the liquor but on seeing the police party,

Patna High Court CR. MISC. No.42541 of 2019(2) dt.10-07-2019 2/2 they succeeded to flee away. Thereafter, the Local Choukidar identified to Sanjay Kora (petitioner no.1), Manjesh Yadav and Binod Yadav, who succeeded to flee away. On search, 1500 litres Jawa Maua were recovered.

Learned counsel for the petitioners submits that petitioners were not apprehended by the police at the spot but due to grudge enmity in between local Choukiar and petitioners, local Choukidar disclosed the name of the petitioners and petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Jamui, in connection with Laxmipur P.S. Case No. 409 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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