Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67378 of 2022 Arising Out of PS. Case No.-215 Year-2022 Thana- SIKTI District- Araria ====================================================== ANIL SAH S/O LATE AMARLAL SAH Resident of village- Kaliaganj, P.S.- Palasi, District- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anamul Haque, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 133.500 litres liquor from two motorcycles. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Surendra Yadav, Sanichar Mahto and Saudagar Mahto in police custody which does not have any evidentiary value.

Patna High Court CR. MISC. No.67378 of 2022(2) dt.09-12-2022 2/2 Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the anticipatory bail application of the petitioner is completely silent with respect to the ownership of the motorcycles. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail is thus rejected. (Satyavrat Verma, J) Rishi/- U T