Kanhai Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31265 of 2022 Arising Out of PS. Case No.-248 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== KANHAI SAO S/o -Shankar Soa Resident of Village- Sadikpur Langura Akhara, P.s.- Alamganj, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :
Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2022 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 Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 2.55 liters of liquor from a bag which was being carried by co-accused Raj Kumar.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, even the alleged recovery is from Raj Kumar on whose confessional statement the petitioner came to be implicated, it is next submitted that
Patna High Court CR. MISC. No.31265 of 2022(2) dt.16-08-2022 2/2 confessional statement does not have any evidentiary value. 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 Court below 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 each to the satisfaction of the learned court below where the case is pending/successor court in connection with PTN-510 of 2022 arising out of Alamganj P.S. Case No. 248 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T