Mithun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44312 of 2022 Arising Out of PS. Case No.-108 Year-2022 Thana- BARHARIA District- Siwan ====================================================== Mithun Sah Son Of Dudhnath Sah @ Dudha Sah R/O Village- Dharam Parsa, P.S.- Manjhagadh, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 34.020 litres of Indian made foreign liquor from a Bolero vehicle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the

Patna High Court CR. MISC. No.44312 of 2022(2) dt.04-11-2022 2/3 spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is only owner of the vehicle in question. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousand) in the District Legal Services Authority, Siwan.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Siwan in connection with Barharia P.S. Case No. 108 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted

Patna High Court CR. MISC. No.44312 of 2022(2) dt.04-11-2022 3/3 by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Twenty Thousands) in District Legal Services Authority, Siwan.

(Sunil Kumar Panwar, J) Shageer/- U T