Jari Singh @ Ajeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19304 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Jari Singh @ Ajeet Singh Son of Dhruv Singh Resident of vill.-Janjirha, P.O.- Janjirha, P.S.-Bankata, Distt.-Deoria (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Shahi For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2024 1.

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

2.

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

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and allegation is of recovery of 954 litres of liquor from a scorpio vehicle. 4.

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 is neither owner nor driver of the seized vehicle. It is next submitted that he came to be implicated based on confessional statement of Ranjit Kumar in police custody which does not have any evidentiary

Patna High Court CR. MISC. No.19304 of 2024(2) dt.21-03-2024 2/2 value. It is next submitted that police, with a view to save the real culprit, got the petitioner implicated through Ranjit Kumar. It is further submitted that once a person is made accused in a case relating to excise thereafter the police in mechanical manner keeps implicating him.

5.

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

6.

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. 35,000/- (Rupees Thirty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Siwan Muffasil P.S. Case No. 301 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T