Puna Saw @ Sunil Saw @ Puna Sah @ Puno Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2480 of 2020 Arising Out of PS. Case No.-125 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== Puna Saw @ Sunil Saw @ Puna Sah @ Puno Sah Son of Late Sadhu Sah @ Late Sadhusaran Sah Resident of Village - Laxmipur, P.S.- Laxmipur, District - Jamui (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Case no. 125 C2 of 2016 registered for offence punishable under section 47A of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the FIR, 20 litres of Mahua liquor was recovered from the house of the accused. It is submitted by learned counsel for the petitioner that contrary to the allegations, no recovery of any incriminating article has taken place either from the person or from the house of the petitioner. It is further submitted that he has been falsely implicated in this case which would be evident from the fact

Patna High Court CR. MISC. No.2480 of 2020(2) dt.28-02-2020 2/2 that for the recovery said to have taken place on 3.3.2016, the same was sent to the Court and was perused by the learned Chief Judicial Magistrate 27 days later only on 30.3.2016. It is further submitted the petitioner has no criminal antecedent. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Case no. 125C2 of 2016 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J II, Jamui subject to the condition as laid down under section 438(2) of the Criminal Procedure Code. (Partha Sarthy, J) Prakash/- U