Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16355 of 2019 Arising Out of PS. Case No.-315 Year-2018 Thana- NOKHA District- Rohtas ====================================================== Upendra Singh, S/o Yamuna Singh, R/o Village - Bhikharidih, P.S.- Nokha (Dharmpura O.P.), District - Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2019 This is an application for grant of anticipatory bail in connection with Nokha (Dharampura O.P.) Case No. 315 of 2018, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation as per F.I.R. is that police intercepted two Maruti Cars and there is a recovery of illicit liquors from the Maruti Cars, two persons were arrested and they disclosed the name of the petitioner.

Submission of the learned counsel for the petitioner is that except the disclosure of the co-accused, there is absolutely nothing against the petitioner available on record. He has falsely been implicated in this case, having no criminal antecedent. Heard learned A.P.P. also, though who opposed the prayer for anticipatory bail but he has also admitted that there is only fact against the petitioner that his name was disclosed by

Patna High Court CR. MISC. No.16355 of 2019(4) dt.18-07-2019 2/2 the other accused persons.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge-II- Cum-Special Judge, Excise, Rohtas, Sasaram, in connection with Nokha (Dharampura O.P.) Case No. 315 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T