Patna High CourtCR. MISC./6358/2024bail granted

Umesh Sah v. The State Of Bihar

2024-02-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6358 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Umesh Sah S/O LATE GHURAN SAH VILLAGE- MATHURAPUR, WARD NO. 01, BALIA, LAKHMINIAN , PS. BALLIA, DIST. BEGUSARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kr Gautam For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ballia P.S. Case No.223/2023 dated 13.08.2023, registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and an allegation is of recovery of 5 litres of liquor from Bablu Yadav. It is next submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is next submitted Bablu Yadav in police custody confessed that the liquor was to be delivered to the petitioner. It is thus submitted that the confessional statement made before the police does not

Patna High Court CR. MISC. No.6358 of 2024(2) dt.16-02-2024 2/2 have any evidentiary value in the eye of law.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees Five thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Begusarai in connection with Ballia P.S. Case No.223/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T