Bhim Kumar Sah@ Bhim Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18690 of 2019 Arising Out of PS. Case No.-369 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Bhim Kumar Sah @ Bhim Sah, S/O Tara Sah @ Tarachanda Sah, Resident of village- Trawara, P.S.- G.B. Nagar, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with G.B. Nagar P.S. Case No.369 of 2018 for allegedly having committed the offence under Sections 30(a), 38, 41(i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the alleged recoveries were not from the conscious possession of the petitioner but from the motorcycle which is standing outside the road. It is further submitted that the petitioner has no criminal antecedents.

Considering the fact that the alleged recoveries were not from the conscious possession of the petitioner, let the

Patna High Court CR. MISC. No.18690 of 2019(3) dt.23-05-2019 2/2 petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Additional Sessions Judge-II-Cum-Special Judge, Excise, Siwan, in connection with G.B. Nagar P.S. Case No.369 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T