Anil Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56848 of 2019 Arising Out of PS. Case No.-260 Year-2019 Thana- RAJGIR District- Nalanda ====================================================== ANIL SAO, Son of Late Rameshwar Saw Resident of Mohalla-Kalali Chowk, Police Station-Rajgir, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rajgir P.S. Case no. 260 of 2019, registered under Section 30(A) of the Bihar Prohibition and Excise Act. The accusation is that on receiving secret information about selling of illicit liquor by Manoj Kumar, Prakash Kumar and Anil Sao (Petitioner), the informant and other Police personnel reached at the house of Manoj Kumar situated at Kalali Chowk. On seeing the Police party, three persons started fleeing, but on chase, two persons were apprehended, who disclosed their names Manoj Kumar and Prakash Kumar and they also disclosed the name of petitioner, who succeeded to flee away. On search, 64 pouches, each

Patna High Court CR. MISC. No.56848 of 2019(2) dt.09-09-2019 2/2 containing 200 ML country made liquor recovered. Learned counsel for the petitioner submits that petitioner was not apprehended on the spot rather his name surfaced in the confessional statement of co-accused, who are said to be apprehended on the spot. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 260 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T