Vishal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29374 of 2021 Arising Out of PS. Case No.-100 Year-2019 Thana- RASULPUR District- Saran ====================================================== VISHAL SINGH S/o Late Sakaldeo Singh @ Ramsakal Singh R/O Village - Tesuar, P.S. - Rasulpur District - Saran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Bhaskar For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rasulpur P.S. Case no. 100 of 2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
As per allegation in the FIR, acting on a tip off, police party proceeded towards place of occurrence and on search in an orchard situated at the outskirt of Village Dohar, 2789.97 liters
Patna High Court CR. MISC. No.29374 of 2021(2) dt.09-02-2022 2/3 of IMFL has been recovered. Local people has disclosed the names of several accused persons including this petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the orchard in question. The name of the petitioner has been disclosed in this case by the local person, which has no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession. Similarly situated accused persons have already been granted bail by a different co-ordinate Bench of this Court vide order dated 9.7.2020 passed in Cr. Misc. No. 10557 of 2020. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rasulpur P.S. Case no. 100 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.29374 of 2021(2) dt.09-02-2022 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U