Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17621 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== JITENDRA SINGH S/O- SWAMINATH SINGH Village- Badka Manjha PsMairwa Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 18 liters of liquor from the grocery shop of the petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the name of the petitioner was disclosed by nearby people but then the names of the person who disclosed

Patna High Court CR. MISC. No.17621 of 2023(2) dt.10-05-2023 2/2 the name of the petitioner is not mentioned in the FIR which creates doubt with regard to the veracity of the prosecution's case, it is further submitted that even the shop is an open shop where petitioner does his business and in the night he goes away and as such, was not aware that who had misused the place for committing such an occurrence.

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

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mairwa P.S. Case No. 379 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T