Satyendra Singh @ Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17779 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- KARTAHA District- Vaishali ====================================================== Satyendra Singh @ Satyendra Kumar Son of Raghunath Singh Resident of Village - Kartahan, P.S.- Kartahan, Distt - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

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

The petitioner apprehends his arrest in Kartaha P.S. Case No. 116 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

8.250 litres of liquor is said to have been recovered from a truck which was parked in front of a line hotel, situated near Ghataro petrol pump. Some of the accused persons were apprehended by the police, on the spot. On inquiry, The accused persons stated that petitioner's car was also being used in

Patna High Court CR. MISC. No.17779 of 2020(2) dt.11-06-2020 2/2 loading of illicit liquor.

It is submitted that petitioner has falsely been implicated in this case. Name of this petitioner has come in this case on the basis of confessional statement of co-accused. Nothing has been recovered from conscious possession of this petitioner. Petitioner has got no concern with the seized liquor. The provision of section 100 Cr.P.C has not been followed. Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Excise Court, Vaishali at Hajipur in connection with Kartaha P.S. Case No. 116 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T