Gopal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65611 of 2018 Arising Out of PS. Case No.-137 Year-2018 Thana- TARAPUR District- Munger ====================================================== Gopal Singh, Son of Sahdeo Singh, Resident of Village- Khaira Darai, P.S.- Tarapur, District- Munger.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ambrish Kumar Jha, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Tarapur P.S. Case No. 137 of 2018 for offences under Sections 30(a)/32 of the Bihar Prohibition and Excise Act, 2016.

Counsel for the petitioner submits that the petitioner has no criminal antecedent. The alleged liquor was seized from a Bolero vehicle parked in front of the house of Sahdeo Singh and not the petitioner. The petitioner has been roped in the present case only because he is owner of the vehicle.

Counsel submits that the petitioner is innocent. He has been using the vehicle for personal use and parked the

Patna High Court Cr.Misc. No.65611 of 2018(2) dt.17-12-2018 2/2 vehicle in front of his house. There is some foul play in the alleged recovery of liquor from his vehicle.

Considering the fact that the petitioner has no criminal antecedent and nothing has been recovered from his conscious possession, the vehicle was in front of the house of the petitioner and at the time of seizure the vehicle is alleged to have been parked in front of the house of one Sahdeo Singh, the court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released 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 Additional Sessions Judge 2nd cum Special Judge (Excise Act), Munger in connection with Tarapur P.S. Case No. 137 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Anil Kumar Upadhyay, J) spandey/- U T