Patna High CourtCR. MISC./5846/2024bail granted

Upadhaya Singh @ Upadheya Singh @ Upadhaya Singh v. The State Of Bihar

2024-02-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5846 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- Dehri Mufassil District- Rohtas ====================================================== Upadhaya Singh @ Upadheya Singh @ Upadhaya Singh S/O Late Dukhi Mahto Village Dahiyar , Ps Sasaram (M) , Dist. Rohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024

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

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

3. The learned counsel for the petitioner submits that the petitioner has antecedent of eight cases and the allegation is of recovery of 30 litres of liquor from a bag kept behind the back of Saiphan canal.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is also submitted that in mechanical manner the petitioner came to be implicated at the instance of Chaukidar because of his antecedent. It is

Patna High Court CR. MISC. No.5846 of 2024(2) dt.16-02-2024 2/2 further submitted that once a person gets implicated in one case, then in mechanical manner the police starts implicating.

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

6. Considering the submissions made by the learned 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. 40,000/- (Rupees Forty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Dehri (M) P. S. Case No.179 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T