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Patna High CourtCR. MISC./13178/2023disposed

Din Bandhu Kumar Singh @ Din Bandhu v. The State Of Bihar

2023-04-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13178 of 2023 Arising Out of PS. Case No.-167 Year-2022 Thana- JALALPUR District- Saran ====================================================== 1.

Din Bandhu Kumar Singh @ Din Bandhu, Son of Sukhdev Singh @ Sukdeo Singh, R/o Village- Bishunpura Kala, P.S.- Ekma, District- Saran 2.

Chandan Singh, Son of Sukhdev Singh @ Sukdeo Singh, R/o VillageBishunpura Kala, P.S.- Ekma, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2023 At the outset, learned counsel for the petitioners seek permission to withdraw the anticipatory bail application with regard to petitioner No. 2 namely, Chandan Singh. Permission is granted.

The anticipatory bail application with regard to petitioner No. 2 namely, Chandan Singh is dismissed as withdrawn.

Petitioner No. 1 apprehends arrest in a case registered for the offences punishable under Sections 30(a), 38, 41(1) of the Bihar Prohibition and Excise Act.

As per prosecution case, 200 litres country made liquor has been recovered from car.

Patna High Court CR. MISC. No.13178 of 2023(2) dt.29-04-2023 2/2 Learned Counsel for the petitioner submits that petitioner is neither driver nor owner of the car in question. No incriminating material has been recovered from the conscious possession of the petitioner and he has been made accused in the present case only on the basis of suspicion. Petitioner claims clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioner No. 1 namely, Din Bandhu Kumar Singh @ Din Bandhu in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 2, Saran at Chapra in connection with Jalalpur P. S. Case No. 167 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T