Shakti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22447 of 2022 Arising Out of PS. Case No.-76 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== SHAKTI SINGH S/o Saryu Singh Resident of Village- gopalpur, P.O.- Katrash Bazar, P.S.- Katrash, District- Dhanbad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 576.36 liter of liquor from a Bolero Maxi vehicle. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, further the petitioner, on 03.03.2021, had given his vehicle to one Sonu Kumar as has been specifically pleaded at paragraph '10' of the

Patna High Court CR. MISC. No.22447 of 2022(2) dt.05-08-2022 2/2 anticipatory bail application and the said Sonu Kumar misused his vehicle for an illegal purpose and the petitioner was completely unaware that Sonu Kumar would misuse his vehicle. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a person with 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, be released on anticipatory bail on furnishing bail bonds of Rs. 3,000/- (Rupees Three Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise Case No. 76C3 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T