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Patna High CourtCR. MISC./78530/2024allowed

Anand Sah @ Anand Kumar v. The State Of Bihar

2024-11-29Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78530 of 2024 Arising Out of PS. Case No.-129 Year-2024 Thana- BADHAILA District- Rohtas ====================================================== Anand Sah @ Anand Kumar, S/O Late Om Prakash Sah, R/O VillageBishunpur, P.S -Baghaila, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and Mr. Bharat Lal, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Baghaila P.S. Case No. 129 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 altogether 10 liters of country made liquor was recovered from open land near Aanganwari. It is alleged that the petitioner was chased but he threw the alleged liquor and managed to escape.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.78530 of 2024(2) dt.29-11-2024 2/2 case. He has no concern with the alleged liquor. His name has been disclosed by local Chaukidar due to previous inimical term. He is having one criminal antecedent in which he is on bail.

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 Baghaila P.S. Case No. 129 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 Special Judge Excise-I, Rohtas at Sasaram, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T