Sanjay Sah @ Naveen Sah @ Naveen Kumar Sah @ Sanjay Paani Wala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10858 of 2024 Arising Out of PS. Case No.-101 Year-2023 Thana- Excise P.S. District- Samastipur ====================================================== Sanjay Sah @ Naveen Sah @ Naveen Kumar Sah @ Sanjay Paani Wala son of Late Ashok Kumar Sah @ Late Ashok Sah Village- Bhagwanpur Chakshekhu Ps- Dalsinghsarai Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-02-2024

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of recovery of 750 ml of liquor from the possession of Dinesh Ram.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and alleged recovery is also from a person with whom petitioner has no relation or

Patna High Court CR. MISC. No.10858 of 2024(2) dt.29-02-2024 2/2 connection and he came to be implicated based on the confessional statement of Ashish in police custody which does not have any evidentiary value. It is next submitted that it appears that the police falsely implicated the petitioner through Ashish based on his antecedent.

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

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patori Excise P.S. Case No. 101 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T