Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14560 of 2021 Arising Out of PS. Case No.-343 Year-2018 Thana- MASHRAK District- Saran ====================================================== ANIL SINGH Son of Ravindra Singh Resident of Village- Pakri Narottam, P.S.- Panapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay @ S.K.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Mashrakh P.S. Case No. 343 of 2018 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.

6200 litres of liquor is said to have been recovered from a truck and three persons were arrested. One of them has disclosed that local persons including the petitioner were responsible in bringing the liquor in the town. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.14560 of 2021(2) dt.03-01-2022 2/3 submitted that similarly situated accused persons have been granted anticipatory bail by different Benches of this Court. He further submits that the accusation by way of confession of arrested accused person is also too vague to be relied upon. Whether the liquor was brought from outside at the instance of the petitioner and others or was it handled locally is not known. The only material, therefore, against the petitioner is the confession of an arrested accused person which has no foundation or basis.

The petitioner does not have criminal antecedents which also is indicative of the fact that the petitioner has not been locally handling the trade of liquor.

For the reasons afore-stated, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. -XI, Saran/Special Judge, Excise, Saran, Chapra in connection with Mashrakh

Patna High Court CR. MISC. No.14560 of 2021(2) dt.03-01-2022 3/3 P.S. Case No. 343 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T