Rajesh Sah @ Raju Sahu @ Raju Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26593 of 2024 Arising Out of PS. Case No.-21 Year-2023 Thana- SINDHIYA District- Samastipur ====================================================== Rajesh Sah @ Raju Sahu @ Raju Kumar Sahu Son Of Manoj Sahu @ Manoj Kumar Sahu @ Vinod Sah Resident Of Village - Singhiya, Police Station - Singhiya, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Singhiya P.S. Case No. 21 of 2023 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, total 734.00 litres of illicit liquor was recovered from a mango orchard and one motorcycle was also seized.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to village politics and except the disclosure statement made by the apprehended co-accused Shivam Sharma, there is nothing material against the petitioner. He further submits that

Patna High Court CR. MISC. No.26593 of 2024(2) dt.17-05-2024 2/2 the petitioner has clean antecedent and similarly situated accused, namely, Govind Kumar @ Govind Mahto has been granted anticipatory bail by this Court vide order dated 31.08.2023 passed in Cr. Misc. No. 57413 of 2023. The petitioner undertakes to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the Exclusive Court of learned Special Judge, Excise-1, Samastipur/ Concerned Court Below in connection with Singhiya P.S. Case No. 21 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T