Jitendra Sahni @ Jitendra Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16673 of 2024 Arising Out of PS. Case No.-220 Year-2023 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Jitendra Sahni @ Jitendra Kumar Sahni S/o Late Chunchun Sahni @ Late Chunchun R/o vill - Sripur Bahadurpur @ Mallahi Patti Bahadurpur, P.S. - Ashok Paper Mill (A.P.M.), Distt. - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-03-2024
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 Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.
4. Allegation is of recovery of 69.120 litres of liquor from a motorcycle and a car.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is neither the owner nor the driver of the alleged seized vehicle and he came to be implicated based on confessional statement of Bijay
Patna High Court CR. MISC. No.16673 of 2024(2) dt.14-03-2024 2/2 Kumar Mahto in police custody which does not have any evidentiary value in the eye of law.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. 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.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ashok Paper Mill (A.P.M.) P.S. Case No. 220 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T