Akash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14569 of 2019 Arising Out of PS. Case No.-133 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Akash Singh, Son of Akhileshwar Kumar Singh, Resident Mohalla- West Patel Nagar (Punch Mandir), P.S.-Shastrinagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Gardanibag P.S. P.R. Case No. 133 of 2018 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that in the present case the petitioner has been named in the confessional statement of one Dharamveer Prasad who was arrested by the police along with illicit liquor. It is submitted that the said Dharamveer Prasad is on inimical term with the petitioner. The petitioner has no criminal antecedent, he was neither seen at the spot nor anything has been recovered from the possession of the petitioner. The petitioner is said to be a college student. It is also submitted that the Car which

Patna High Court CR. MISC. No.14569 of 2019(2) dt.11-03-2019 2/2 was intercepted by the police and from which the seizure was made does not belong to the petitioner.

Learned APP for the State is present and has opposed the prayer for anticipatory bail.

In the facts and circumstances stated hereinabove where it is submitted that the car from which the illicit liquor was recovered does not belong to the petitioner, he is a student having no criminal antecdent and his name has been disclosed by the co-accused due to some enmity, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned Special Judge Excise, Patna in connection with Gardanibag P.S. P.R. Case No. 133 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T