Bhola Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48543 of 2019 Arising Out of PS. Case No.-281 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== BHOLA SAH, aged about 36 years, Male, Son of Punit Sah, Resident of Village-Bishunpur Baghnagari, P.S.-Sakra, District-Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Hari Kishore Thakur, Adv.

For the Opposite Party :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Sakra P.S. Case No. 281 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 in course of patrolling the informant, along with other police officials, reached near the hotel of N.H. 28, a boy seeing the police party, started fleeing away while he was chased, but, he succeeded in fleeing away. On search of hotel, two bottles of Royal Stag, each containing 375 ml Indian made foreign liquor, were found on a table, which were half empty.

Learned counsel appearing for the petitioner submits that the persons present there disclosed the name of the

Patna High Court CR. MISC. No.48543 of 2019(2) dt.05-08-2019 2/2 petitioner, who succeeded in fleeing away from the hotel. The submission is that due to dirty village politics the petitioner has been implicated in the case and the hotel, from where the alleged liquor was recovered was not of the petitioner. 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 Sakra P.S. Case No. 281 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 Code. (Rajendra Kumar Mishra, J) Shamshad/- U T