PATNA, India, July 14 -- Patna High Court issued the following judgment on June 17:
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12685 of 2022
Arising Out of PS. Case No.-175 Year-2018 Thana- Kharagpur District- Munger
GOPAL KUMAR SAH Son of Late Mahendra Narayan Sah Resident of Khas Bazar, P.S.- Kharagpur, District- Munger.
... Petitioner/s
Versus
The State of Bihar
... Opposite Party/s
Appearance:
For the Petitioner/s:
Mr. Sanjeev Ranjan, Advocate
For the Opposite Party/s:
Mr. Sanjay Kumar Tiwary, APP
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL JUDGMENT
Date: 17-06-2026
Heard learned counsel for the petitioner as well as learned APP for the State.
2. This petition is directed against two orders. The order dated 10.03.2021 passed by the learned IV Additional Chief Judicial Magistrate, Munger, in G.R. Case No.1517/2018 arising out of Kharagpur P.S. Case No.175/2018, and the order dated 28.10.2021 passed by the learned Sessions Judge, Munger, in Criminal Revision No.26/2021, affirming the former. Both orders reject the application filed by the petitioner under Section 451 of the Code of Criminal Procedure for release of currency seized from his house on 03.06.2018.
3. The facts are these. On the morning of 03.06.2018, Sub-Inspector Brajesh Kumar Singh, the Station House Officer of Kharagpur Police Station, set out for patrolling, and at about 1.30 PM, at Ambedkar Chowk, he received secret information that the petitioner was running an illegal lottery business from his house at Khas Bazar, Kharagpur. He proceeded to the house, surrounded it, and apprehended three persons who attempted to flee, namely the petitioner, his son Saurav Kumar, and one Shyam Kumar, a staff member. A search followed between 2.00 PM and 6.15 PM. From the house, Nagaland State Lottery tickets in large bundles, equipment connected with the manufacture of lottery tickets, a computer and printer, mobile phones, a note counting machine, various documents, cheque books and identity documents were recovered. Two bags containing currency were also found: a black bag with Rs.48,23,500 in valid notes and a white bag with Rs.2,30,000 in mutilated notes. A seizure list was prepared. The petitioner and his son signed it. Kharagpur P.S. Case No.175/2018 was registered under Sections 419, 420, 467, 468 and 120(B) IPC and Section 7 of the Lotteries (Regulation) Act, 1998. Charge sheet has since been filed.
Rest of the judgement can be viewed here: https://patnahighcourt.gov.in/viewjudgment/NiMxMjY4NSMyMDIyIzEjTg==-1f3pdNQ1CJI=
Disclaimer: Curated by HT Syndication.