Patna High CourtCR. MISC./7754/2024bail granted

Saniram @ Shaniram Urawn @ Shaniram Uraw @ Saniram v. The State Of Bihar

2024-02-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7754 of 2024 Arising Out of PS. Case No.-671 Year-2020 Thana- ARARIA District- Araria ====================================================== SANIRAM @ SHANIRAM URAWN @ SHANIRAM URAW @ SANIRAM S/O BANDHAN BECK @ BANDHAN URAWN R/O VILLAGEMOHORGON TEA GARDEN DIMBULINE, POLICE STATIONPRADHAN NAGAR, DISTT.- DARJEELING (WEST BENGAL). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2024

1. Learned counsel for the petitioner seeks permission to make rectification at para 6 of the anticipatory bail application in course of the day.

2. Permission is accorded.

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

4. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

5. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

6. Allegation is of recovery of 3651.840 litres of liquor from a truck.

7. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.7754 of 2024(2) dt.23-02-2024 2/2 petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the petitioner is not the owner or the driver of the truck rather he came to be implicated based on confessional statement of Madhusudan Basak and Shibu Ghosh in police custody which does not have any evidentiary value in the eye of law.

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

9. 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.5,000/- (Rupees Five Thousand) 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 Araria P.S. Case No. 671 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T