Sadhu Sharan Sah @ Shadhu Saran Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22595 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== SADHU SHARAN SAH @ SHADHU SARAN SAH S/o Baidhnath Sah R/o village-Bhalhi, P.S.-Bathnaha, Dist.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 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 Sections 413, 414, 420, 467, 468, 471 and 120(B) of the Indian Penal Code and Sections 30(a), 31(ii) (iii), 36, 41(i) (ii) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 267.480 liters of liquor from different vehicles as detailed in the FIR.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on the fact that

Patna High Court CR. MISC. No.22595 of 2023(2) dt.15-05-2023 2/2 one of the vehicles (Scorpio) was registered in the name of the petitioner, it is further submitted that no prudent person would misuse his own vehicle for committing a crime and thus would get implicated easily, when admittedly petitioner is a person with clean antecedent.

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. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dumra P.S. Case No. 44 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T