Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25865 of 2020 Arising Out of PS. Case No.-24 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Shankar Sah Son of Ravi Sah Resident of Village- Laheriyaganj (Turha Tola), Ward No.1, P.S.- Madhubani Town, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-10-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with G.O. case No. 24 of 2020 for the offence under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

In the instant case total 18.12 liters of liquor has been seized.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is no material to connect this petitioner in the commission of crime as at the relevant time, the petitioner was admitted in D.M.C.H for treatment and as such the allegation levelled against the

Patna High Court CR. MISC. No.25865 of 2020(2) dt.14-10-2020 2/2 petitioner is patently false.

Considering the fact that petitioner has no criminal antecedent, the Court is inclined to grant anticipatory bail to the petitioner subject to the condition that the petitioners shall deposit Rs. 25000/- cash in the court below and on depositing Rs. 25,000/- the court below shall release the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of communication of this order on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd cum Special Judge, Excise, Madhubani, in connection with G.O. case No. 24 of 2020 subject to the condition as laid down under section 438(2) of the Cr.P.C.

The amount of Rs. 25000/- cash deposited by the petitioner shall abide by final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) Ravi/- U T