Raja Sah @ Raja Mahtha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55002 of 2019 Arising Out of PS. Case No.-230 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== RAJA SAH @ RAJA MAHTHA S/o Ganesh Mahtha @ Ganesh Sah R/o village- Bakarganj Near Karamchari Pokhra, P.S.- Laheriasarai, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mrs.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2019 The petitioner apprehends his arrest in connection with G.O. Case No. 610 of 2019 arising out Laheriasarai P.S.Case No. 230 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act (hereinafter referred to as the 'Act'). Allegation against the petitioner is that the police on secret information intercepted three motorcycles and recovered a total quantity of 18 litres, 18 litres and 27 litres illicit liquor from each motorcycle. It has further been alleged that petitioner and others taking advantage of darkness fled away from the place of occurrence.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and has falsely been implicated in this case. Learned counsel, referring to para-8 of his petitioner, submits that none of the motorcycles belong to the

Patna High Court CR. MISC. No.55002 of 2019(2) dt.30-08-2019 2/2 petitioner and petitioner has been dragged by the police himself. After having heard learned counsel for the parties and taking into consideration the fact that petitioner is not the owner of any of the motorcycles out of the three which were seized by the police along with illicit liquor and further petitioner has got no criminal antecedent as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Darbhanga in connection with G.O. Case No. 610 of 2019 arising out Laheriasarai P.S.Case No. 230 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T