Kundan Kumar Sah @ Kundan Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.19839 of 2015 (2) dt.09-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19839 of 2015 Arising Out of PS.Case No. -28 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictPURNIA ======================================================

1. Kundan Kumar Sah @ Kundan Sah son of rajendra Prasda Sah R/o village- Birauli Bazar, P.S.- Rupauli, District- Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Smt.Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with C-I Case No. 28 of 2014 registered for the offences under Sections 2(e) and 3 of Bihar Excise (Mahua Flowers) Rules, 2006 and Sections 13(a), (f) and 47 (a) of Bihar Excise Act 1915. Acting on a tip off, raid was conducted in the house of the petitioner from where 480 Kg Mahua Flower, 80 Kg. Buker Tablet, 17 kg. Mahua Flower and 7 lt. country made wine was recovered and the father of the petitioner was arrested whereas the petitioner succeeded in fleeing away.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.19839 of 2015 (2) dt.09-07-2015 petitioner is not residing in that house and, as such, the petitioner having no criminal antecedent deserves sympathetic consideration to which the learned APP opposes by pointing out the alleged recovery.

Considering the alleged recovery from the house of the petitioner, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T