Patna High CourtCR. MISC./14122/2024disposed

Jaffar Khan v. The State Of Bihar

2024-03-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14122 of 2024 Arising Out of PS. Case No.-117 Year-2021 Thana- DHANAHA District- West Champaran ====================================================== 1.

Jaffar Khan S/O Sher Mohammad R/O Rajpur, P.S- Simbhaoli, Distt.- Hapur, Uttar Pradesh.

Padam Singh S/O Harphul Singh R/O Kaniya Kalyanpur, P.S- Babugarh, Distt.- Ghaziabad, Uttar Pradesh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Shekhar Pandey, Adv.

For the State :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 3312 liters of liquor from a Truck.

4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and they are not the owner of the sized Truck and came to be implicated based on

Patna High Court CR. MISC. No.14122 of 2024(2) dt.07-03-2024 2/2 confessional statement of apprehended co-accused in police custody, which has got no evidentiary value in the eyes of law, when petitioners admittedly are persons with clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhanaha P.S. Case No. 117 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Arish/- U T