Patna High CourtCR. MISC./17176/2024bail granted

Ramesh Sah v. The State Of Bihar

2024-03-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17176 of 2024 Arising Out of PS. Case No.-404 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Ramesh Sah, Son Of Prahlad Sah Resident Of Village- Singha, Ps- Mirganj, Dist- Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Setu Prateek For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 414 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 107.200 litres of liquor from two motorcycles as detailed in the F.I.R.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he is not the owner of any of the seized vehicle and he came to be implicated based on confessional statement of co-accused in police custody,

Patna High Court CR. MISC. No.17176 of 2024(2) dt.18-03-2024 2/2 which does not have any evidentiary value. More so, after Amendment in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away with.

5. Learned A.P.P. opposes the 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-IV- cumSpecial Judge, Excise Court No.II, Gopalganj in connection with Mirganj P. S. Case No.404 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) vikash/- U T