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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19486 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- SIKARHATTA District- Bhojpur ====================================================== 1.

Deepak Singh @ Deepak Kumar Singh @ Deepak Kumar Son of Surendra Singh Resident of Village- Harpur, Police Station- Sikarhatta in the district of Bhojpur 2.

Sanju Singh Son of Birendra Singh Resident of Village- Harpur, Police Station- Sikarhatta in the district of Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

Learned counsel for the petitioner seeks permission to withdraw the anticipatory bail application with respect to petitioner No. 1 (Deepak Singh @ Deepak Kumar Singh @ Deepak Kumar).

3.

Permission is accorded.

4.

The petitioner No. 2 apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

5.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of

Patna High Court CR. MISC. No.19486 of 2024(3) dt.10-05-2024 2/3 recovery of 295 litres of liquor from a place near the bank of Banas river.

6.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner. It is next submitted that he came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that if Chowkidar was aware of the involvement of the petitioner in the occurrence then why he/she did not inform the police prior to institution of the instant FIR which further casts aspersion on the case of the prosecution.

7.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8.

Considering the submissions made by the learned counsel for the petitioner, the petitioner No. 2 (Sanju Singh) in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is

Patna High Court CR. MISC. No.19486 of 2024(3) dt.10-05-2024 3/3 pending/successor court in connection with Sikarhatta P.S. Case No. 12 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

9.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of even one case, in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T