Pawan Kumar Sah @ Pawan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51173 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== PAWAN KUMAR SAH @ PAWAN SAH Son of Dev Narayan Sah Resident of Village - Hanuman Nagar, P.S. - Gaighat (Benibad O.P.), Dist. - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2022 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 272, 273 and 414/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

It is a case of recovery of about 248.400 liters of foreign liquor from the motorcycle.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no recovery from the conscious or constructive possession of the petitioner and the name of the petitioner has transpired in the confessional statement of

Patna High Court CR. MISC. No.51173 of 2021(2) dt.05-04-2022 2/2 apprehended co-accused Lakhinder Kumar and the petitioner has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances 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 thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Muzaffarpur in connection with Gaighat P.S. Case No. 11 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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