Patna High CourtCR. MISC./74887/2024bail granted

Upendra Sah v. The State Of Bihar

2024-11-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74887 of 2024 Arising Out of PS. Case No.-295 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Upendra Sah S/o Late Jai Mangal Sah Resident of Village- Garhani, PSCharpokhari, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-11-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Jagdishpur P.S. Case no.295 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 24.6 litres of liquor was recovered from the motorcycle in question while it was parked by the side of the road.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession or from the motorcycle in question. He has no concern either with the seized article nor with the place of seizure. He has no

Patna High Court CR. MISC. No.74887 of 2024(2) dt.13-11-2024 2/2 criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the petitioner not having been arrested at the spot and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Jagdishpur P.S. Case no.295 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no. 1st , Bhojpur, Ara.

(Partha Sarthy, J) Bibhash U T