Sanjit Sah @ Bhutta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13980 of 2024 Arising Out of PS. Case No.-280 Year-2023 Thana- PUNAURA District- Sitamarhi ====================================================== Sanjit Sah @ Bhutta son of Gauri Sah Village- Punaura Ps- Punaura DistSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024 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 nine cases and the allegation is of recovery of 7.002 liters of liquor from a motorcycle. 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 is not the owner of the motorcycle and came to be implicated at the instance of Chowkidhar with whom he is on an inimical term. It is also submitted that it appears that the Chowkidar, with a view to save

Patna High Court CR. MISC. No.13980 of 2024(2) dt.07-03-2024 2/2 the real culprit, falsely implicated the petitioner, taking advantage of his antecedents. It is also submitted that all the nine cases registered against the petitioner were registered against unknown and the petitioner in similar manner came to be implicated in all the cases relating to Excise. 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. 45,000/- (Rupees Forty Five 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 Punaura P.S. Case No. 280 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T