Pradeep Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43527 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== 1.
Pradeep Sah Son of Late Narad Sah Resident of Haflaganj Balu Tola, P.S.- Muffasil, District - Katihar 2.
Pankaj Kumar @ Panki @ Paki Son of Pradeep Sah Resident of Haflaganj Balu Tola, P.S.- Muffasil, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Adv.
For the Opposite Party/s :
Mr.B.N. Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-07-2019 Heard both sides.
Petitioners apprehend their arrest in Katihar (Muffasil) P.S. Case No.67 of 2019 registered under Section 307 and other sections of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act. The informant alleged that petitioner no.1 brought liquor on a motorcycle and kept the same in front of the house of informant. When informant protested, petitioner no.1 and his other family members assaulted the informant and his family members. The wife of petitioner no.1 took liquor inside her house. When the police came and searched the house of petitioners, ten litres of country made liquor is said to have
Patna High Court CR. MISC. No.43527 of 2019(2) dt.16-07-2019 2/2 been recovered from the house of the petitioners. Learned counsel for the petitioners submits that Putul Devi, who is said to have kept the liquor in her house, has already been granted regular bail. The petitioners are not responsible for recovery of liquor, but it appears that it was petitioner no.1, who had brought the liquor on a motorcycle and kept the same in front of the house of informant. When the informant protested, the wife of petitioner no.1 took liquor inside her house. Immediately after institution of the case the recovery of liquor was made from the house of petitioners. Having considered the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) Harish/- U T