Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12945 of 2024 Arising Out of PS. Case No.-413 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== Ramesh Singh Son of Late Narad Singh @ Narad Singh Rajpur Resident of village - Rajapur, Police Station - Koilwar, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(A), 37(C) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 3.500 liters of liquor from bag kept near a palm tree. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and and he came to be implicated based on confessional statement of Vijay Singh in police custody, which does not have any evidentiary value, when

Patna High Court CR. MISC. No.12945 of 2024(2) dt.05-03-2024 2/2 petitioner admittedly is a person with clean antecedent. The learned APP for the State opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Koilwar P.S. Case No.413 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T