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Patna High CourtCR. MISC./67311/2019bail rejected

Hare Ram Sah @ Bengali v. The State Of Bihar

2019-11-14Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67311 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- MANJHI District- Saran ====================================================== Hare Ram Sah @ Bengali, Son of Shri Kishun Sah Resident of Village - Tajpur, P.S.- Manjhi, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Manjhi P.S. Case No. 198 of 2019, registered under Sections 30 and 30(a) of the Bihar Excise Act, pending in the court of Additional Sessions Judge-XI-cum-Special Judge, Excise, Saran at Chapra.

The accusation is of recovery of 294 bottles containing 52.920 litres and 38 bottles each containing 180 ml Indian made foreign liquor form the house of the petitioner, while petitioner succeeded to flee away.

Learned counsel for the petitioner submits while in the F.I.R. it is alleged that in course of search of the house of the

Patna High Court CR. MISC. No.67311 of 2019(2) dt.14-11-2019 2/2 petitioner, bottles of liquors were recovered but in the F.I.R. only house is detailed without detailing the name of owner of the said house. Further submission is that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

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