Patna High CourtCR. MISC./12162/2024bail granted

Rudal Sah v. The State Of Bihar

2024-03-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12162 of 2024 Arising Out of PS. Case No.-643 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== Rudal Sah Son Of Late Badri Sah R/O-Dada Sahab Ka Mazar, Nabeeganj, P.S.-BHAGWAN Bazaar, Chapra, Distt.-SARAN, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Ms. Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Dariyapur P.S. Case No. 643 of 2023, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has clean antecedent and allegation is of recovery of 3597.480 liters of country made liquor from a DCM truck and a Pick-Up van.

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 he is not the owner of the seized vehicles and he came to be implicated based on the

Patna High Court CR. MISC. No.12162 of 2024(2) dt.04-03-2024 2/2 confessional statement of the co-accused in police custody which does not have evidentiary value, when admittedly petitioner is a person with clean 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. 500/- (Rupees Five Hundred) 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 Dariyapur P.S. Case No. 643 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) annpurna/- U T