Raman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 76422 of 2024 Arising Out of PS. Case No.-474 Year-2024 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Raman Sah Son of Late Bhutali Sah Resident of Village - Vijay Hata, P.S. - Siwan Muffasil (Mahadevi), District - Siwan. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Mohan Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Siwan Mufassil Police Station Case No. 474 of 2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. The prosecution case, as per the First Information Report, is that on 18.08.2024 while the police party was on patrolling duty, they saw two persons selling liquor and upon seeing the police party, they started fleeing away. The police arrested one person who disclosed the name of the petitioner who succeeded in fleeing away. The police recovered 1.4 liters of country made liquor from the possession of arrested person.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure of his name by the arrested co-accused

Patna High Court CR. MISC. No. 76422 of 2024(2) dt.14-11-2024 2/2 from whose possession 1.4 liters of country made liquor was recovered.

5. After having heard learned Counsel for the parties concerned and taking into consideration the nature of allegation and the fact that liquor has not been recovered from the conscious possession of the petitioner and the name of the petitioner has transpired in this case on the basis of disclosure of his name by the arrested co-accused from whose possession 1.4 liters of country made liquor was recovered, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.- II, Siwan, in connection with Siwan Mufassil Police Station Case No. 474 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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