Jai Nath Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5121 of 2018 Arising Out of PS.Case No. -184 Year- 2017 Thana -MAKER District- SARAN ======================================================
1. Jai Nath Sahani, Son of Late Tatali Sahani, Resident of VillageBariyarpur, P.S.- Maiker, Distt.- Saran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2018 Heard both sides.
The petitioner apprehends his arrest in Maker P.S. case No. 184 of 2017 for the offences punishable under Section 272, 273 and other Sections of the Indian Penal Code and under Section 30, 30(a) of the Bihar Prohibition Excise Act. The informant, a police officer of Maker P.S., alleged that he got information that Madan Sahni and Jai Nath Sahni, petitioner, were preparing country made liquor by the side of Gandak river. When the informant and other police officials went to the place, Madan Sahni and Jai Nath Sahni fled away after swimming the river. From the place of occurrence 200 liter Mahua and 30 liter of country made liquor was recovered. The learned counsel for the petitioner submitted that
Patna High Court Cr.Misc. No.5121 of 2018 (2) dt.05-02-2018 2/2 petitioner is not arrested on the spot. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that house of the petitioner has not been searched. The informant has not disclosed the source of identification of the petitioner.
Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Saran at Chapra in connection with Maker P.S. case No. 184 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T