Antu Sah @ Antu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84969 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== ANTU SAH @ ANTU KUMAR SAH S/O- Harishankar Sah Resident of Village - Bakhraj, Semra, P.S.- Baruraj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Mishra, Adv For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2019 Heard learned counsel for the parties.

Petitioner apprehend his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that nine persons were apprehended while travelling in different vehicle from whom huge quantity of liquor were recovered. Co-accused Abhay Rathaur was apprehended and from his Pick-up, 802.81 litres of Indian Made Foreign Liquor were recovered who suggested that the petitioner and others were escorting the transportation of liquor but he managed to flee away.

It is submitted by learned counsel for the petitioner that nothing has been recovered from the conscious possession of the petitioner and the name of the petitioner surfaced in this case

Patna High Court CR. MISC. No.84969 of 2019(2) dt.20-12-2019 2/2 on the basis of confession of co-accused. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 18.12.2019 in Criminal Miscellaneous No. 84051 of 2019.

Learned counsel for the State submits that the name of the petitioner surfaced in this case on the basis of confession of co-accused.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his/her arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Baruraj P.S. Case No. 180 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U