Patna High CourtCR. MISC./19639/2017rejected

Sudhan Sahani v. The State Of Bihar

2017-07-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19639 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sudhan Sahani Son of Badri Sahani, R/o Village- Bhatahan , P.S.- Muffasil Motihari, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-07-2017 Heard both sides.

The petitioner apprehends his arrest in East Champaran Muffassil P.S. Case No. 11/2017, registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition & Excise Act.

The informant police officer alleged that he got information that the petitioner was trying to conceal the illegal liquor in his pond and on such information, the police raided the place, but the petitioner manage to flee away from the boat. The informant seized 165 bottles each containing 180 m.l. of Nepali Saufi liquor from the boat.

Patna High Court Cr.Misc. No.19639 of 2017 (3) dt.12-07-2017 2/2 Considering the facts aforesaid and nature allegation made against the petitioner, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order and taking into consideration that small quantity of liquor is said to have been recovered from the boat of the petitioner and dispose of the bail petition, if possible, on the same day.

(Prabhat Kumar Jha, J.) Vinita/- U T