Allowed

Ramesh Sah v. The State of Bihar

Patna HC18 Mar 2024CR. MISC./17176/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail for alleged recovery of over 107 litres of liquor from motorcycles, implicating him via a co-accused's custodial confession despite not being arrested at the spot. The court granted anticipatory arrest bail with standard conditions under Section 438(2) Cr.P.C.

What did the court decide?

Bail on furnishing bonds of Rs. 10,000 with two like sureties to Additional District Judge-IV/Special Judge Excise Court No.II Gopalganj, on arrest/surrender within six weeks, per Section 438(2) Cr.P.

Ramesh Sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17176 of 2024

¶2

Arising Out of PS. Case No.-404 Year-2023 Thana- MIRGANJ District- Gopalganj

¶3

======================================================

¶4

Ramesh Sah, Son Of Prahlad Sah Resident Of Village- Singha, Ps- Mirganj, Dist- Gopalganj

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Setu Prateek For the Opposite Party/s : Mr. Umeshanand Pandit ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶11

2 18-03-2024

¶12

Heard learned counsel for the petitioner and learned APP for the State.

¶13

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 414 of the I.P.C. and Section 30(a) of the Excise Act.

¶14

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 107.200 litres of liquor from two motorcycles as detailed in the F.I.R.

¶15

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he is not the owner of any of the seized vehicle and he came to be implicated based on confessional statement of co-accused in police custody,

¶16

Patna High Court CR. MISC. No.17176 of 2024(2) dt.18-03-2024 2/2

¶17

which does not have any evidentiary value. More so, after Amendment in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away with.

¶18

Learned A.P.P. opposes the bail application.

¶19

Considering the submissions made by the learned

¶20

counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-IV- cumSpecial Judge, Excise Court No.II, Gopalganj in connection with Mirganj P. S. Case No.404 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶21

The application stands allowed.

¶22

(Satyavrat Verma, J)

¶23

vikash/-

¶24

U T

Ramesh Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramesh Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mukesh Kumar @ Mukesh Yadav Vs The State of Bihar

Rajesh Yadav @ Rajesh Kumar Vs The State of Bihar

Chhotu Singh @ Nishant Kumar Vs The State of Bihar

Raju Chaudhary @ Raju Kumar Chaudary Vs The State of Bihar

Avinash Kumar Singh Vs The State of Bihar

Dhananjay Chaudhary @ Dhananjay Kumar Vs the State of Bihar