Satyendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2681 of 2018 Arising Out of PS.Case No. -668 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Satyendra Singh, S/o Late Ganesh Prasad Singh, Resident of M.L.T. College, Quarter No.5 Purab Bazar, P.O.+P.S.+District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kumar Rajeev, Advocate. For the Opposite Party/s : Smt. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Saharsa Sadar P.S. Case No. 668 of 2016 instituted for the offence under Sections 47(A), 53A, 53B and 34 of Bihar Amended Excise Act. It is alleged in the written report that three persons were found taking liquor in the Government quarter of this petitioner. It is alleged that liquor and three glasses were recovered.

Learned counsel for the petitioner has submitted that petitioner is a government servant. He has no concern with the persons who were taking liquor at the place of occurrence. In the written report there is no mention that petitioner was also found having taken liquor with those persons who were arrested by the

Patna High Court Cr.Misc. No.2681 of 2018 (3) dt.15-02-2018 2/2 police. The police has mentioned that three persons who were taking liquor were arrested and got them tested. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Saharsa Sadar P.S. Case No. 668 of 2016, Special Case No. 229 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri C.M. Jha, learned A.D.J.-II, Saharsa, subject to the conditions as laid down under Section 438

(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T