Sanjiv Kumar @ Sanjeev Sah @ Sanjeev Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20114 of 2024 Arising Out of PS. Case No.-1130 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Sanjiv Kumar @ Sanjeev Sah @ Sanjeev Saw Son of Subhash Sah Resident of Village - Jalla Road, Police Station - Alamganj, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2024

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 offence punishable under Sections 30(a) and 36 of Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 160 litres of liquor from the Mill of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also asserted and submitted that the alleged recovery is not from the mill of the petitioner, which is a grass cutting mill. It is next submitted that the petitioner came to be implicated based on secret information which is the easiest way to implicate

Patna High Court CR. MISC. No.20114 of 2024(2) dt.22-03-2024 2/2 someone, when petitioner admittedly is a person with clean antecedent. It is also submitted that the alleged recovery was made from a place which is adjacent to the mill of the petitioner and the police in order to save the real culprit, falsely implicated the petitioner taking advantage of the fact that recovery was made from a place adjacent to his house but then showed that the recovery is from the mill.

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 trial court where the case is pending/successor court in connection with Alamganj P.S. Case No.1130/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T