Patna High CourtCR. MISC./29271/2020bail granted

Onkar Sah @ Onkar Kumar v. The State Of Bihar

2021-01-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 29271 of 2020 Arising Out of PS. Case No.-297 Year-2019 Thana- ALOULI District- Khagaria ====================================================== ONKAR SAH @ ONKAR KUMAR S/o Narayan Sah Resident of VillageBhadas, P.S.-Muffasil, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Alauli P.S. Case No. 297/2019 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, As per the prosecution case, 724.680 liters of foreign liquor was recovered from a pick-up van.

It is submitted on behalf of the petitioner that the pick-up van from which recovery has been made was in possession of Gholat Sharma, not this petitioner. It is further submitted that name of the petitioner has come on the basis of the confessional statement made before the police by the coaccused Gholat Sharma which has no evidentiary value. It is

Patna High Court CR. MISC. No. 29271 of 2020(3) dt.20-01-2021 2/2 next submitted that petitioner is neither the owner of the pick-up van nor the driver and has no concern with the aforesaid recovery. Nothing has been recovered from the conscious possession of the petitioner and has clean antecedent as stated in paragraph No. 3 of the petition.

Considering the aforementioned facts and circumstances, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Khagaria, in connection with Alauli P.S. Case No. 297/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Prabhat Kumar Singh, J) Saif/- U T