Digvijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3403 of 2020 Arising Out of PS. Case No.-6 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== Digvijay Singh, S/o Late Rameshwar Singh, R/o village- Coaldepot, Bheriya, P.S.- Dehri, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nabinagar P.S. Case no. 06 of 2018 registered for the offence(s) punishable under sections 30A and 38 of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the F.I.R., an Alto car was stopped for search by the police. It is stated that the driver of the vehicle attempted to escape but was caught and on enquiry disclosed his name as Akshay Kumar. It is further stated that he confessed that the vehicle belong to Digvijay Singh (the petitioner herein) from whom Vikash Kumar had purchased the same in the name of the said driver and the liquor belong to the said Vikash

Patna High Court CR. MISC. No.3403 of 2020(2) dt.06-03-2020 2/2 Kumar.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the seized liquor and from the contents of the F.I.R. itself it is evident that the vehicle had been sold by the petitioner. The petitioner has no criminal antecedent. Having heard learned counsel for the parties and in the facts and circumstances of the case, especially the fact that the petitioner has no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Nabinagar P.S. Case no. 06 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII cum Special Judge (Excise), Aurangabad, subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Ankit/- U T