Rudal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19555 of 2024 Arising Out of PS. Case No.-507 Year-2023 Thana- GARKHA District- Saran ====================================================== Rudal Sah Son Of Badri Sah @ Babi Sah Resident Of Village- Dada Saheb Ke Majar, Nabeebganj, Ps- Bhagwan Bazar, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raushan Raj, Adv For the Opposite Party/s :
Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner apprehends his arrest in connection with Garkha P.S Case No. 507 of 2023 instituted under Section 30(a),36,41 of the Bihar Prohibition & Excise Amendment Act.
3. As per the prosecution case, total 843.840 litres of illicit foreign liquor was recovered from the truck.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner was not arrested on the spot nor anything was recovered from his conscious possession. The
Patna High Court CR. MISC. No.19555 of 2024(2) dt.27-03-2024 2/2 petitioner has no concern with the seized liquor and the truck does not belong to the petitioner and the same was not driven by the petitioner The petitioner has one criminal antecedent.
5. Learned APP for the State Opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Saran at Chapra/ concerned court in connection with Garkha P.S. Case No. 507 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Chandra Prakash Singh, J) N.K/- U T