Shyambabu Sah @ Shyam Babu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59393 of 2022 Arising Out of PS. Case No.-215 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Shyambabu Sah @ Shyam Babu Kumar S/O Shivji Sah R/O VillageGausihata, P.S.- Barharia, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== 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) and 41(i) of the Bihar Prohibition & Excise Act, 2016. Allegedly, it is a case of recovery of illicit liquor from a motorcycle.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor as well as the motorcycle and no incriminating article has been recovered from the conscious possession of the petitioner and petitioner has not been apprehended at the spot and the name of

Patna High Court CR. MISC. No.59393 of 2022(2) dt.18-11-2022 2/2 the petitioner came into light on the basis of confessional statement of apprehended co-accused Ashok Kumar Yadav and Dhananjay Kumar Yadav.

Considering the aforesaid submissions, 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 thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Siwan in connection with Excise P.S. Case No. 215 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T