Upendra Sah @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63379 of 2024 Arising Out of PS. Case No.-359 Year-2024 Thana- BIKRAMGANJ District- Rohtas ====================================================== Upendra Sah @ Upendra Kumar S/O Khaderan Sah Resident of village -Yadav Mahalla ,P.S- Bikramganj ,District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant For the Opposite Party/s :

Ms.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2024 1.Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and 41 of the Excise Act.

3.The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 2.19 litres of liquor from the possession of Subodh Kumar. 4.The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his

Patna High Court CR. MISC. No.63379 of 2024(2) dt.03-09-2024 2/3 conscious possession and even alleged recovery is not from the possession of this petitioner and he came to be implicated based on confessional statement of Subodh Kumar in police custody, which does not have any evidentiary value.

5.Learned A.P.P. opposes the anticipatory bail application.

6.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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Bikramganj P. S. Case No.359 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7.The application stands allowed.

8.It is made clear that the learned trial Court before accepting the bail bonds of the

Patna High Court CR. MISC. No.63379 of 2024(2) dt.03-09-2024 3/3 petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T