Mahendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67676 of 2021 Arising Out of PS. Case No.-41 Year-2021 Thana- LAUKARIA District- West Champaran ====================================================== 1.

MAHENDRA SAH S/O SRI KASHI SAH R/o village- Bhalu Tola, P.S.- Laukariya, District- West Champaran 2.

Ranjha Uraon @ Renjha Uraon S/o Late Ramautar Uraon R/o village- Bhalu Tola, P.S.- Laukariya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-04-2022 Heard both sides.

Petitioners apprehend their arrest in Laukariya P.S. Case No.41 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners have committed no offence and have falsely been implicated in this case. It is further submitted that nothing has been recovered from conscious possession of the petitioners. The petitioners have got no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for bail of petitioner no.1 by contending that the alleged recovery of liquor has been made from the house of petitioner no.1.

Patna High Court CR. MISC. No.67676 of 2021(2) dt.29-04-2022 2/2 Therefore, petitioner no.1 does not deserve anticipatory bail. Having considered the above facts and circumstances of the case, petitioner no.2, 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, are directed to be enlarged on bail on furnishing personal bond to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah in connection with Laukariya P.S. Case No.41 of 2021 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

So far as petitioner no.1 is concerned, considering the facts and circumstances of the case as well as the nature of allegation made against him, this Court is not inclined to enlarge petitioner no.1 (Mahendra Sah) on anticipatory bail.

Accordingly, his prayer for bail is rejected. Harish/- (Arvind Srivastava, J) U T