Birendra Kumar Singh @ Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16717 of 2024 Arising Out of PS. Case No.-841 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Birendra Kumar Singh @ Birendra Singh S/o Ram Singh @ Ram Jatan Singh R/o Vill - Dhelwa, P.S. - Ram Krishna Nagar, Dist. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Tiwari For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Ramkrishnanagar P.S. Case No. 841 of 2023 instituted for the offences under Section 30(a) of the Bihar Excise Act.

3. As per prosecution case, there has been recovery of 183.87 liters of English wine from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of disclosure by local villagers. Petitioner has no concern with the

Patna High Court CR. MISC. No.16717 of 2024(4) dt.14-05-2024 2/2 seized liquor in question. No incriminating article has been recovered from the conscious possession of the petitioner. It is next submitted that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Ramkrishnanagar P.S. Case No. 841 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Arish/- U T