Sanjay Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15747 of 2019 Arising Out of PS. Case No.-25 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== 1.

Sanjay Sah Son of Gauri Shankar Prasad, Resident of Village- Noon Nagar, P.S.- Jalalpur, District- Saran.

2.

Ram Bihari Prasad @ Bihari Sah Son of Gauri Shankar Prasad, Resident of Village- Noon Nagar, P.S.- Jalalpur, District- Saran. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Basantpur P.s. Case No. 25 of 2018 for the offences punishable under Sections 272, 273, 308, 420, 120(B), 201/34 of the Indian Penal Code and Sections 30(a), 38 and 41(i) of Bihar Prohibition and Excise Act.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioners and they have no concern with any of the alleged vehicles from

Patna High Court CR. MISC. No.15747 of 2019(3) dt.21-05-2019 2/2 which liquor was recovered. Moreover, co-accused having more or less similar allegation has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 29617 of 2018. Hence, the petitioners may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the above named, petitioner in the event of surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge/Special Judge, Excise, Siwan in connection with Basantpur P.S. Case No. 25 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) ved/- U T