Patna High CourtCR. MISC./7928/2024bail granted

Rajan Kumar Sah @ Rajan Kumar v. The State Of Bihar

2024-02-26Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7928 of 2024 Arising Out of PS. Case No.-404 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== Rajan Kumar Sah @ Rajan Kumar S/O LATE DINESH SAH VILLAGEMISHRAGRAM TIWARI TOLA, PS. SANGRAMPUR, DIST. EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha For the Opposite Party/s :

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024

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

2. The petitioner apprehends his arrest in connection with Sangrampur P.S. Case No.404/2023 registered for the offence punishable under Sections 30(a), 41(1) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 1.8 litres of liquor from a Shed, opposite the shop of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated merely on the ground that some villagers disclosed his name but then the

Patna High Court CR. MISC. No.7928 of 2024(2) dt.26-02-2024 2/2 name of the villagers, who disclosed the name of petitioner is not disclosed in the F.I.R. which casts an aspersion on the case of prosecution.

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 Special Judge, Excise Court No.1, Motihari, East Champaran in connection with Sangrampur P.S. Case No.404/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T