Arjun Sah @ Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 18959 of 2020 Arjun Sah @ Arjun Kumar S/o Late Daya Sah, resident of village Nawaura P.S. Keoti District Darbhanga.

.......Petitioner

Versus

The State of Bihar .........Opposite Party ======================================================== Appearance For the Petitioner : Mr. Sunil Kumar Karn, Advocate For the State : Mr. Nitya Nand Tiwary, APP CORAM : HONOURABLE MR. JUSTICE PARTHA SARTHY Oral Order 20.7. 2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Keoti P.S. Case no.

134 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, secret information was received that coaccused Kari Yadav along with his friends was dealing in illicit liquor. Accordingly, a raid was conducted. It is stated that 5 to 7 accused persons including the petitioner herein managed to escape. A total of 1769.40 litres of liquor was recovered.

It is submitted by learned counsel for the petitioner that neither the seized article nor the orchard belongs to the petitioner. The petitioner has been falsely implicated in the case. It is incorrectly stated that the petitioner was identified fleeing away from the place of occurrence. It is finally submitted that on earlier occasion the petitioner was falsely implicated in one case, however, the same was not under the Excise Act. The application for bail is opposed by learned APP for the State. Having heard learned counsel for the parties and in the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on

bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Keoti P.S. Case no. 134 of 2019 he will be enlarged 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-cum-Special Judge (Excise Act), Darbhanga subject to the conditions as laid down in section 438(2) of the Criminal Procedure Code.

(Partha Sarthy, J) Prakash U