Bhola Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14418 of 2022 Arising Out of PS. Case No.-726 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== Bhola Sah, Son Of Bishun Sah Resident Of Village - Diliya Rahimpur, P.S.- Revilganj, District - Saran (Chapra).

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 41(i)(ii), 47 of the Excise Act, 2016. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that during the course of raid, the police recovered 300 litre of liquor which was kept in an auto, which was seized by the police. It is next alleged that two persons were arrested from the spot when they tried to flee from the auto and they disclosed their names as Uma Shankar Manjhi and Pappu Ram. Thereafter, they disclosed the name of the petitioner. The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.14418 of 2022(2) dt.14-06-2022 2/2 name of the petitioner transpired in the confessional statement of the apprehended accused, as such, nothing was recovered from his conscious possession, nor the petitioner was apprehended at the spot. It is next submitted that the petitioner is not the owner of the auto.

Learned A.P.P. opposes the bail application.

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. 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 in connection with Chapra Town (Nagar) P. S. Case No.726 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T