Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3372 of 2020 Arising Out of PS. Case No.-18 Year-2019 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Ashok Sah Son of Mahabir Sah Resident of Village - Jagdishpur Kusahi, P.S.- Motipur, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-03-2020 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 Mohammadpur P.S. Case No.18 of 2019, registered for the offence punishable under sections 467, 468, 471, 120B and 34 of the Indian Penal Code and sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act,2016.

As per allegation in the F.I.R, on information being received, on search 4752 litres of IMFL is stated to have been recovered from a truck on NH 28 near Dumriyaghat Bridge. Two persons were apprehended namely, Amarjit Rai and Sudhir Kumar. It is further stated that the persons apprehended disclosed that their owner asked them to deliver the goods in the truck to one Jagannath Ram and the petitioner. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.3372 of 2020(2) dt.05-03-2020 2/2 no incriminating article has been recovered from the possession of the petitioner. His name has transpired on the confessional statement of the co-accused made before the police. He 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 Mohammadpur P.S. Case No.18 of 2019, he will be enlarged on bail on furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge cum Special Judge, Excise, Gopalganj subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T