Sushil Kumar Singh @ Sushil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50192 of 2017 Arising Out of PS. Case No.-246 Year-2017 Thana- Taraiya District- Saran ====================================================== Sushil Kumar Singh @ Sushil Singh son of Sri Prabhunath Singh, resident of village - Dewariya, P.S. - Mashrakh, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kahkashan Alam For the Opposite Party/s :

Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

18-10-2017 Heard Ms. Kahkashan Alam, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Taraiya P.S. Case No. 246 of 2017 registered for offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner, by way of referring to F.I.R., submits that save & except the fact that petitioner was named as one of the accused in the F.I.R., there is no material showing complicity of the petitioner, rather in the present case, some recovery was effected from the dalan of one Binod Singh and huge quantity of spirit was found and petitioner alongwith number of persons were made accused, as if all the accused

Patna High Court Cr.Misc. No.50192 of 2017(2) dt.18-10-2017 2/2 persons fled away. Fact remains that raid was conducted at an odd hour i.e. in between 2:00 and 2:30 in night. Learned counsel for the petitioner submits that the petitioner is having clean antecedent, which fact has been stated in paragraph - 3 of the petition.

I have perused the material on record, including F.I.R. and after going through the same as well as considering the clean antecedent of the petitioner, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Sushil Kumar Singh @ Sushil Singh be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Saran at Chapra in connection with Taraiya P.S. Case No. 246 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T