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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8563 of 2024 Arising Out of PS. Case No.-57 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== DEVENDRA SAH @ DEVENDRA KUMAR SAH S/o Radhey Shyam Sah Resident of Vill-Baldiha Teliya Tola, P.S-Jamo Bazar, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

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

2. The petitioner apprehends his arrest in connection with Maharajganj Excise P.S. Case No.57/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 371.520 litres of liquor from a place near the house 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 even alleged recovery is not from the house of the petitioner but from a place adjacent to the house of the petitioner, which is accessible to public at large. It is further

Patna High Court CR. MISC. No.8563 of 2024(2) dt.27-02-2024 2/2 submitted that the petitioner came to be implicated by the local villagers but then the name of the villagers, who disclosed the name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of the prosecution, when petitioner admittedly is a person with clean antecedent.

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.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Siwan in connection with Maharajganj Excise P.S. Case No.57/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T