Patna High CourtCR. MISC./71908/2024bail granted

Chhanguri Kumar Sah @ Chhanguri Saw @ Changuri Sah v. The State Of Bihar

2024-10-29Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71908 of 2024 Arising Out of PS. Case No.-351 Year-2024 Thana- Excise P.S. District- Katihar ====================================================== Chhanguri Kumar Sah @ Chhanguri Saw @ Changuri Sah son of Late Ajoti Saw Village- Sakrailli, Ps- Barari, Dist- katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-10-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Katihar Excise P.S. Case No. 351 of 2024 dated 15.06.2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the First Information Report the Police got secret information that the petitioner along with one another person was engaged in the storage and sale of illicit liquor, proceeded towards the place of occurrence and upon seeing the Police party two persons started fleeing away, however, one person namely, Purushottam Saw was arrested and a total quantity of 36.500 liters of illicit liquor has been recovered from a maize

Patna High Court CR. MISC. No.71908 of 2024(2) dt.29-10-2024 2/3 field. The arrested accused person disclosed the name of the petitioner as the person who succeeded in fleeing away.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent has falsely been implicated in this case due to local politics. He submits that neither the petitioner was apprehended on the spot nor the illicit liquor in question has been recovered from the conscious possession of the petitioner or his premises. The illicit liquor has been recovered from a maize filed, which is an open space accessible to all and sundry. The petitioner has got no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that the petitioner has got no criminal antecedent and illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise Court No.1, Katihar in

Patna High Court CR. MISC. No.71908 of 2024(2) dt.29-10-2024 3/3 connection with Katihar Excise P.S. Case No. 351 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T