Lalsahab Pathak @ Lalsahab Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75070 of 2019 Arising out of PS. Case No.-116 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

LALSAHAB PATHAK @ LALSAHAB KUMAR PATHAK Son of Late Chandra Mohan Pathak Resident of Village- Pakari, P.S.- Dumariya Ghat, District- East Champaran 2.

Roopam Pathak @ Roopam Kumar Pathak Son of Late Chandra Mohan Pathak Resident of Village-Pakari, P.S.-Dumariya Ghat, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dumariya Ghat P.S. Case No. 116 of 2019 for the offence registered under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act. The allegation is regarding recovery of 4.32 litres of illicit liquor from near the hut situated near the field of one Roopam Pathak.

The learned counsel for the petitioners has submitted that neither the recovery of illicit liquor has been made from the petitioners nor from their house and the place from where the

Patna High Court CR. MISC. No.75070 of 2019(3) dt.28-11-2019 2/2 recovery of illicit liquor has been made, does not belong to the petitioners herein. It is further submitted that the petitioners are not having any complicity in the present case. Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari in connection with Dumariya P.S. Case No. 116 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T