Sintu Saw @ Siddu Saw @ Siddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24092 of 2021 Arising Out of PS. Case No.-198 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== Sintu Saw @ Siddu Saw @ Siddu Kumar Son Of Shankar Saw R/O VillageSundarganj, P.S.- Risiyap, District- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Muffasil P.S. Case no. 198 of 2020 instituted for the offence under Sections 30(a) of Bihar Excise Prohibition Amendment Act.

Prosecution case relates to recovery of 646.5 litres IMFL.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.24092 of 2021(2) dt.07-01-2022 2/2 offence. He has got no criminal antecedent. The name of the petitioner has been disclosed in this case by the co-accused, namely, Kaushal Kumar Singh, who was arrested on spot, which has no evidentiary value in the eye of law. Case of the petitioner stands on better footings to that of the co-accused who has already been granted bail.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Muffasil P.S. Case no. 198 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge (Excise), Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U