Rajesh Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56359 of 2022 Arising Out of PS. Case No.-41 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== Rajesh Kumar Sahu Son Of Chola Ram Sahu R/O Village- Ward No. 12, Q. No. B/73, Ompur Colony, Korba, P.S.- Korba, Distt.- Korba (Chhatisgarh) ... ... 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.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-11-2022 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) of the Bihar Prohibition & Excise Act. There is recovery of 175 litres of Indian made foreign liquor from a Bolero vehicle. The petitioner is owner of the said Bolero vehicle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has sold his

Patna High Court CR. MISC. No.56359 of 2022(2) dt.18-11-2022 2/3 vehicle to one Deepak Badhwani in the year 2011 but unfortunately the name of the owner book could not be transferred. 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. 20,000/-(Rupees Twenty Thousands) in the District Legal Services Authority, Chapra, Saran.

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 2nd Additional District & Sessions Judge-cum-I-Exclusive Special Judge, Excise, Chapra, Saran in connection with Bhagwan Bazar P.S. Case No. 41 of 2019, 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.56359 of 2022(2) dt.18-11-2022 3/3 by the learned Court below on showing receipt of deposit of Rs. 20,000/-(Rupees Twenty Thousands) in District Legal Services Authority, Chapra, Saran.

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