Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20166 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Krishna Singh, Son Of Late Dharmnath Singh R/O Village- Sonwalia, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vijay Bardhan Pandey For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(A) and 41 of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 5800 litre of liquor from a truck. The learned counsel for the petitioner submitted that the petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that the petitioner is neither the owner, nor the driver of the truck and he came to be implicated at the behest of the local Chaukidar and villagers for reasons best known to

Patna High Court CR. MISC. No.20166 of 2022(2) dt.29-07-2022 2/2 them. It is also submitted that it appears that in order to save the real culprits, the innocent petitioner has been implicated. The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a man of clean antecedent, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Baikunthpur P. S. Case No.163 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T