Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63408 of 2022 Arising Out of PS. Case No.-539 Year-2020 Thana- MASHRAK District- Saran ====================================================== ASHOK SAH S/o Maharaja Sah R/v- Rajapatti Gola, P.S.- Mashrakh, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 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 offences punishable under Sections 30, 30(a), 38 and 41 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 324.6 litres of liquor from an abandoned government building, further 510.12 litres of liquor was also recovered from a toilet which is situated on petitioner's Bathan. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even Bathan is a place outside the house and is

Patna High Court CR. MISC. No.63408 of 2022(2) dt.29-11-2022 2/2 accessible to public at large and it appears that someone in order to falsely implicate the petitioner and his family members had kept the liquor, as no prudent man would keep liquor in his own premises and thus creates evidence against himself. 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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mashrakh P.S. Case No. 539 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T