Pradeep Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57155 of 2021 Arising Out of PS. Case No.-246 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== PRADEEP SAW S/O PRAKASH SAW @ OMPRAKASH SAH R/o villageRasanpur, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 78 litre of liquor from three different motorcycles and three accused persons were apprehended.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the apprehended accused disclosed the name of the petitioner. Learned counsel further submits that admittedly petitioner was not apprehended from the spot, as such, nothing was recovered from the conscious possession of the petitioner and his name transpired in the confessional statement of apprehended accused. Learned counsel

Patna High Court CR. MISC. No.57155 of 2021(2) dt.16-06-2022 2/2 further submits that though there is no allegation in the FIR that any recovery was made either inside or outside the boundary of the petitioner but the seizure list records that 60 litre of liquor was also recovered within the boundary of the petitioner. It is, thus, submitted that this in itself demonstrates that the petitioner has been falsely implicated in the present case as the seizure list is not in conformity with the allegation as alleged in the FIR. 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.5,000/- (Rupees Five 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 Warisaliganj P.S. Case No. 246 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T