Shahanshah Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61146 of 2022 Arising Out of PS. Case No.-279 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== 1.
SHAHANSHAH SHAH S/O AMERICA SHAH Resident of VillageShrinagar, P.O. Siwan, P.S.- Siwan Muffasil, District- Siwan. 2.
AMARJEET SHAH @ AMARJEET KUMAR @ LADDU S/O RAJU SHAH Resident of Village - Shrinagar, P.O. Siwan, P.S.- Siwan Muffasil, District- Siwan.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Shahi, Advocate For the Opposite Party/s :
Ms. Pronoti Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 Learned counsel is permitted to remove the defects in course of the day.
Learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail with respect to petitioner no. 1 Shahanshah Shah.
Permission is accorded.
Heard learned counsel for the petitioner no. 2 and learned A.P.P. for the State.
The petitioner no. 2 apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner no. 2 submits that petitioner no. 2 is a person with clean antecedent. Allegation is of recovery of 60 litres of liquor from a
Patna High Court CR. MISC. No.61146 of 2022(2) dt.28-11-2022 2/2 Maruti Car.
Learned counsel for the petitioner no. 2 submits that petitioner no. 2 was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner no. 2 is neither the owner nor the driver of the vehicle. 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 no. 2, the petitioner no. 2 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.1,000/- (Rupees One 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 Siwan Excise P.S. Case No. 279 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T