Garaiya Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33565 of 2022 Arising Out of PS. Case No.-139 Year-2021 Thana- IMAMGANJ District- Gaya ====================================================== GARAIYA SAO SON OF DWARIKA SAO RESIDENT OF VILLAGERANIGANJ, GILANPAR, P.S.- IMAMGANJ, DISTRICT- GAYA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 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 is a person with clean antecedent and allegation is of recovery of 53.525 litre of liquor from the house of co-accused Rajesh Kumar, further 5 litre of liquor is alleged to have been recovered from a plastic gallon kept behind the refrigerator of the house of co-accused Veeru Bharti.

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

Patna High Court CR. MISC. No.33565 of 2022(2) dt.18-08-2022 2/2 submitted that petitioner has no concern either with Rajesh Kumar or with Veeru Bharti, but he came to be implicated based on confessional statement of Rajesh Kumar which has no 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Imamganj P.S. Case No. 139 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T