Samoj Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83105 of 2024 Arising Out of PS. Case No.-226 Year-2024 Thana- IMAMGANJ District- Gaya ====================================================== SAMOJ SAO SON OF MAHAVIR SAO R/O VILL.- MAIRA, P.S.- MAIGRA, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabia Gulnaz For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and Mr. Prem Kumar Jha, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Imamganj P.S. Case No. 226/2024, registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a bike 40 liter of country-made liquor was recovered. No one was apprehending. During the course of investigation, it was found that petitioner is the owner of the bike.

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

Patna High Court CR. MISC. No.83105 of 2024(2) dt.11-12-2024 2/2 this case. Learned counsel of the petitioner has submitted that the bike was sold to one Charandeep Kumar on 05.07.2024. It is clear from Annexure-2 and the recovery was made on 18.07.2024 after this transfer. Petitioner is having no criminal antecedent and nothing has been recovered from his possession.

5. In contra, learned APP appearing for the State opposes 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 Imamganj P.S. Case No. 226/2024, they 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 the Exclusive Excise Judge No. 2, Gaya, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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