Sujeet Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28885 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Sujeet Kumar Singh SON OF MITHILA BIHARI SINGH RESIDENT OF VILLAGE- BANGUOW, PS- BAJ PATTI, DIST- SITAMARHI ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Krishna Murari For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Excise Act and Sections 414 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of five cases and allegation is of recovery of 131.100 liters of liquor from a husk.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner and he came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that it appears that the police, in

Patna High Court CR. MISC. No.28885 of 2024(2) dt.16-04-2024 2/2 order to save the real culprit, falsely implicated the petitioner, taking advantage of his antecedents.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bajpatti P.S. Case No. 24 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than five cases, in that event the present anticipatory bail order shall not be given effect. (Satyavrat Verma, J) SUMIT/- U T