Promod Sah @ Promod Kumar Prabhakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71661 of 2021 Arising Out of PS. Case No.-140 Year-2021 Thana- BHARGAMA District- Araria ====================================================== Promod Sah @ Promod Kumar Prabhakar S/O Kinnu Lal Sah @ Kinnu Prasad Sah R/o village- Khajuri, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Shubham For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2022 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 188, 171(F), 34 of the Indian Penal Code and Section 30(k), 41 of the Bihar Prohibition & Excise Act.

There is recovery of huge quantity of Indian made foreign liquor.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.71661 of 2021(2) dt.20-07-2022 2/3 petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The portion from which the alleged illicit liquor was recovered does not belong to the petitioner as the house has been partitioned between the petitioner and his brother Rupesh Kumar Sah and liquor was recovered from the side of house partitioned to the brother of the petitioner. 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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Araria in connection with Bhargama P.S. Case No. 140 of

Patna High Court CR. MISC. No.71661 of 2021(2) dt.20-07-2022 3/3 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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