Patna High CourtCR. MISC./19406/2024disposed

Suraj Sah v. The State Of Bihar

2024-03-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19406 of 2024 Arising Out of PS. Case No.-580 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Suraj Sah S/O Late Narayan Sah R/Vill-Jagdishpur, P.S.-Jagdishpur, DistBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv For the Opposite Party/s :

Mr.Binod Kumar, 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 Jagdishpur P.S Case No. 580 of 2023 instituted under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, total 4.125 liters Indian made foreign liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this

Patna High Court CR. MISC. No.19406 of 2024(2) dt.27-03-2024 2/2 case on the basis of discloser of Dafadar. Nothing has been recovered from conscious possession of the petitioner. The petitioner has got two criminal antecedent of similar nature stated in para-3 of the petition.

5. Learned APP for the State Opposes the prayer for anticipatory bail and submitted that the said liquor was recovered from the conscious possession of the petitioner.

6. Considering the facts and circumstances of the case , the prayer of anticipatory bail of the petitioner is disposed of with direction to the petitioner to surrender before the court below concerned within six weeks from today and pray for regular bail and the learned court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order. (Chandra Prakash Singh, J) N.K/- U T