Dharmendra Sah @ Dharmendra Kumar vs The State Of Bihar
2021 Latest Caselaw 536 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.30694 of 2020
        Arising Out of PS. Case No.-282 Year-2019 Thana- RIGA District- Sitamarhi
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Dharmendra Sah @ Dharmendra Kumar, age 30 years, Gender-Male, son of late Dashrath Sah, resident of village Punaura West Muslim Tola, Ward No. 1, P.S. - Punaura, District - Sitamarhi.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :        Mr. Virendra Kumar, Advocate
 For the State            :        Mr. Lalan Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-02-2021

Heard Mr. Virendra Kumar, learned counsel for the

petitioner and Mr. Lalan Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Riga PS Case No.282 of 2019 dated 15.10.2019, instituted

under Section 30(a) of the Bihar Prohibition and Excise Act,

2016 (hereinafter referred to as the 'Act').

3. The allegation against the petitioner is that he was

working together with his brother, Naga Sah, who was arrested

with 3324.960 litres of foreign liquor.

4. Learned counsel for the petitioner submitted that he

has been falsely implicated only because his brother was caught

sitting in the truck from which recovery was made. Learned Patna High Court CR. MISC. No.30694 of 2020 dt.01-02-2021

counsel submitted that his brother has also been granted bail and

the other co-accused whose name was taken by Naga Sah has

been granted anticipatory bail.

5. Learned APP submitted that the petitioner was in

business with his brother, Naga Sah, who was caught on the

truck carrying liquor and further, against him there are three

other cases; two of them being under the Act and, thus, he is a

habitual offender.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

8. However, if the petitioner surrenders before the

Court below within four weeks from today and prays for bail,

the same shall be considered, on its own merit, in accordance

with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T