Kapil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17752 of 2021 Arising Out of PS. Case No.-448 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== Kapil Singh S/O Late Ram Prasad Singh R/O Village-Kanchanpur, P.SBidupur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rina Sinha, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-11-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Liquor was recovered from a pickup van as well as from a banana orchard.

Submission is that petitioner was not there at the time of recovery nor the petitioner has any concern with the alleged vehicle. The petitioner has got no criminal antecedent. Since there is no direct material against the petitioner, let the petitioner, above named, in the event of his arrest or

Patna High Court CR. MISC. No.17752 of 2021(2) dt.24-11-2021 2/2 surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with City Chouk P.S. Case No.448 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T