Sipahi Yadav @ Sipahi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29768 of 2023 Arising Out of PS. Case No.-74 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== SIPAHI YADAV @ SIPAHI SINGH Son of Deepak Yadav Resident of village - Uchkundha, P.S. - Daudnagar, Distt. - Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 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 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 345.600 liters of liquor from khalihan of petitioner. 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 even khalihan is a place outside the house which is accessible to villagers at large, it is further submitted that no prudent person would use his own land for committing a crime

Patna High Court CR. MISC. No.29768 of 2023(2) dt.18-05-2023 2/2 and thus would create evidence against himself and hence would get implicated, it is next submitted that it appears that some villagers inimical to the petitioner got him implicated by planting liquor on his land through Arvind Singh and Sudarshan Singh who also confessed in their confessional statement against the petitioner.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One 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 Daudnagar P.S. Case No. 74 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T