Sanjeet Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16100 of 2024 Arising Out of PS. Case No.-329 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Sanjeet Sah S/o Nabab Sah Resident of Village- Mathai, Ward No. 06, P.S.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(ii)(iii), 41(i)(ii) of the Bihar Prohibition and Excise Act, 2022.

3. The learned counsel for the petitioner submits that petitioner has antecedent of four cases and allegation is of recovery of 2997 liters of liquor from a truck and 795 liters of liquor from a Mehendra Bolero Pickup.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of any of the seized vehicle and he came to be implicated based on confessional statement of apprehended accused in police custody which does not have any

Patna High Court CR. MISC. No.16100 of 2024(2) dt.13-03-2024 2/2 evidentiary value. It is also submitted that it appears that the police in order to save the real culprits falsely implicated the petitioner in the confessional statement of co-accused.

5. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-V-Cum-Special Judge Excise-1, Madhepura in connection with Murliganj P.S. Case No.329 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T