Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25623 of 2022 Arising Out of PS. Case No.-256 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SANTOSH SINGH S/o Rajo Singh @ Rajendra Singh Resident of VillageAmraur, Police Station- Muffasil (Singhaul O.P.), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 120(B), 307 and 34 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 1648.08 litre of liquor from a Scorpio and an auto vehicle, it is also alleged that petitioner and other co-accused fired at the police.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession. It is next submitted that petitioner is neither the owner nor the driver of

Patna High Court CR. MISC. No.25623 of 2022(2) dt.10-08-2022 2/2 the alleged vehicle and it is submitted that now it has become easier for the police to implicate persons by alleging that along with liquor even pistols were found, the learned counsel thus submits that in order to give a serious color to the case, the present FIR was instituted under the Excise Act as well as under the Arms Act.

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, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Muffasil (Singhaul O.P) P.S. Case No. 256 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T