Dilip Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11786 of 2020 Arising Out of PS. Case No.-236 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== DILIP SINGH Son of Ram Ashrya Singh Resident of Village - Jahangirpur, P.S.- Gaighat, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaidehi Raman Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Katra P.S. Case No. 236 of 2019, registered for the offence punishable under sections 272 and 273 of the Indian Penal Code and sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, information was received by the informant that the accused persons including Saroj Singh, Dilip Singh and the petitioner herein had stored liquor in the godown of Dinesh Singh for the purpose of sale. On a raid being conducted, seeing the police personnel, the accused persons managed to escape but on search, a total quantity of 796.750

Patna High Court CR. MISC. No.11786 of 2020(2) dt.12-06-2020 2/3 litres of IMFL was recovered.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has no concern with the liquor and the godown belongs to Dinesh Singh. It is further submitted that case of the petitioner stands on a similar footing to that of co-accused Saroj Kumar @ Saroj Singh who has been granted anticipatory bail vide order dated 11.06.2020 passed in Cr. Misc. No. 9622 of 2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that no recovery has taken place from the possession of the petitioner and grant of bail to the coaccused, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Katra P.S. Case no. 236 of 2019, he will 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 learned Special Judge, Excise, Muzaffarpur subject to the condition as laid down under section

Patna High Court CR. MISC. No.11786 of 2020(2) dt.12-06-2020 3/3 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T