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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43096 of 2022 Arising Out of PS. Case No.-206 Year-2022 Thana- PHULWARIYA District- Gopalganj ====================================================== Gobardhan Sah @ Gobardhan Kumar Sah, Son Of Kokil Sah Resident Of Village- Rekhaibari, P.S.- Bhorey, Distt.- Gopalganj, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sumit Shekhar Pandey For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 114 litres of liquor from a carton loaded on a motorcycle.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that he had given his motorcycle to Bhola Yadav and thus, was not knowing that the same would be misused. It is next

Patna High Court CR. MISC. No.43096 of 2022(2) dt.30-08-2022 2/2 submitted that it was confessional statement of Bhola Yadav, the name of this petitioner transpired.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Fulwariya P. S. Case No.206 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T