Mahadev Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58821 of 2022 Arising Out of PS. Case No.-190 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Mahadev Sah Son Of Late Anuplal Sah Resident Of Village- Kalabalua, Ward No.- 13, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a)(c) of the Bihar Prohibition & Excise Act. There is recovery of 45 Kgs of intoxicants used for preparation of illicit liquor from the house of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The substance recovered by

Patna High Court CR. MISC. No.58821 of 2022(2) dt.01-12-2022 2/2 the police was a handful of steam cooked rice, which is used in food. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, 1st, Araria in connection with Raniganj P.S. Case No. 190 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T