Anand Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80391 of 2024 Arising Out of PS. Case No.-938 Year-2024 Thana- Excise P.S. District- Purnia ====================================================== Anand Kumar Sah S/O Ganga Prasad Sah Resident of Dalmalpur, P.SAmour, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Fazle Karim, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and Md. Fazle Karim, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise P.S. Case No.938 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that on a bike altogether 15.9 liters of foreign liquor was recovered. None was apprehended. During the course of investigation it has come that the petitioner is the owner of that bike.

4. During course of hearing learned counsel of the petitioner has submitted that one of relative had borrowed the bike from him. He has got no concern with the alleged liquor. The petitioner is having one criminal antecedent.

Patna High Court CR. MISC. No.80391 of 2024(2) dt.05-12-2024 2/2

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise P.S. Case No.938 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Court No.2, Purnea, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Prakash Narayan U T