Amod Kumar Sah @ Amod Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15927 of 2023 Arising Out of PS. Case No.-321 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== AMOD KUMAR SAH @ AMOD SAH S/O- VINDESHWAR SAH Resident of Village- Minapur Balaha Ps- Piprahi Dist- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 276.900 liters of liquor from the semi constructed house of Ram Prasad Sahani.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated based on
Patna High Court CR. MISC. No.15927 of 2023(2) dt.03-05-2023 2/2 the confessional statement of co-accused which does not have any evidentiary value.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court 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 trial court where the case is pending/successor court in connection with Piprahi P.S. Case No. 321 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the present anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T