Patna High CourtCR. MISC./27329/2020bail granted

Om Prakash Singh v. The State Of Bihar

2021-01-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27329 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== OM PRAKASH SINGH Son of Late Binda Bihari Singh Resident of Village Hathopur, P.S. Daraunda, Dist. Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar, Adv.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-01-2021 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Daraunda P.S. Case No. 42 of 2020, registered under sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR together with the seizure list, a total of 3.750 litres of IMFL is stated to have been recovered from behind the house of the petitioner. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and incorrect. No incriminating article has been recovered. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.27329 of 2020(2) dt.13-01-2021 2/2 The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Daraunda P.S. Case no. 42 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-cum-ADJ-II, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U