Satyendra Singh @ Satyendra Kumar Singh @ Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4955 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- SIKRAUL District- Buxar ====================================================== Satyendra Singh @ Satyendra Kumar Singh @ Satyendra Kumar Son of Shiv Kumar Singh, Resident of Village-Akrora, P.S.-Sikraul, District-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sikraul P.S. Case No. 113 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition Excise Act, 2018.

Alleged recovery of illegal Indian made foreign liquor was recovered near the boundary of school and local Chaukidar claimed to have seen the petitioner fleeing on a motorcycle from the place of occurrence. Admittedly, nothing was recovered from the possession of the petitioner nor petitioner was caught on the spot.

No doubt, earlier petitioner was made accused in one

Patna High Court CR. MISC. No.4955 of 2020(2) dt.29-02-2020 2/2 case of similar nature but considering the facts of the present case, it appears from perusal of the written report that no primafacie case under the provision of Bihar Prohibition and Excise Act is made out against the petitioner. Accordingly, in my view, this anticipatory bail petition is maintainable and hence, this petition is allowed and it is ordered that the petitioner, above named, in the event of his arrest/surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned IInd Aditional District Judge-cum-Special Judge, Excise, Buxar in connection with Sikraul P.S. Case No. 113 of 2019 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Rajeev Kumar/Ved U T