Laxman Sah @ Laxman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56438 of 2019 Arising Out of PS. Case No.-217 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== LAXMAN SAH @ LAXMAN KUMAR Son of Ram Prit Sah Resident of Village - Korahiya, P.S.- Jaynagar, Distt - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2019 Heard both sides.

The petitioner apprehends his arrest in Jay Nagar P.S. case No. 217 of 2019 registered under Section 272, 273, 414/34 of the IPC and u/s 30(a) of Bihar Prohibition & Excise Act. The informant intercepted a motor cycle but the person who was driving the motor cycle fled away. The pillion rider, who was holding a bag, was apprehended and he disclosed his name as Sunil Kumar Singh. Sunil Kumar Singh disclosed that Sudhir Kumar Roy managed to flee away. Sunil Kumar Singh further disclosed that he and Sudhir Kumar Roy used to supply liquor to Vijay Sah and Laxman Sah, the petitioner. The learned counsel for the petitioner submits that on the disclosure made by Sunil Kumar Singh no search was made in the house of the petitioner. Nothing has been recovered from

Patna High Court CR. MISC. No.56438 of 2019(2) dt.11-09-2019 2/2 the conscious possession of the petitioner. The petitioner has been implicated in the case on mere disclosure made by the person, who was apprehended with liquor, that he used to supply liquor to the petitioner.

Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Jay Nagar P.S. case No. 217 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T