Bijali Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2615 of 2019 Arising Out of PS. Case No.-466 Year-2018 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Bijali Singh, aged about 23 years (Male) son of Anil Kumar Singh, Resident of Village - Derwan , PS - Kudra, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner.

Petitioner in the present case is seeking anticipatory bail in connection with Kudra P.S. Case No.466 of 2018 registered for the offences punishable under Section 30 (a) of the Bihar Excise (Prohibition) Amendment Act, 2018. Learned counsel for the petitioner submits that the recovery of 2095 bottles of English Wine is said to have taken place from the husk house of the co-accused namely Banka Pandey. It is submitted that the name of this petitioner has been falsely brought without there being any material to connect him in the present case. It is further submitted that a learned Coordinate Bench of this Court has been pleased to grant

Patna High Court Cr.Misc. No.2615 of 2019(2) dt.28-01-2019 2/3 anticipatory bail to the co-accused, Banka Pandey in Criminal Miscellaneous No.79839 of 2018 thus similar privilege may be allowed to the petitioner.

Learned APP for the State is not present, neither the brief of the case has been handed over to the learned APP InCharge of the Court. In the given facts and circumstances, this Court is of the considered opinion that the case of the petitioner stands on a similar footing hence the petitioner deserves the benefit of anticipatory bail as has been given to the co-accused, Banka Pandey in Criminal Miscellaneous No.79839 of 2018. Thus, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VIth, Kaimur at Bhabua in connection with Kudra P.S. Case No.

466 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for cancellation of his bail bond.

Patna High Court Cr.Misc. No.2615 of 2019(2) dt.28-01-2019 3/3 be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) R.R.OJha/- U T