Bal Bachan Singh @ Bal Bachan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36220 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- NOKHA District- Rohtas ====================================================== Bal Bachan Singh @ Bal Bachan, son of Late Hari Singh, resident of village- Sisirata, Police Station-Nokha, District-Rohtas ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar -1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-06-2018 Heard Sri Rajani Kant Singh, learned counsel for the petitioner and Sri Shailendra Kumar no.1, learned Addl. Public Prosecutor.

The sole petitioner, having clean antecedent, which fact has been stated in paragraph-3 of the petition, apprehending his arrest in Nokha P.S. Case No.58 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that nothing was recovered from the petitioner nor any reliable material was brought on record in the present case. However, on the strength of so called slip, on which name of the petitioner and others was said to be mentioned, found on the truck, the

Patna High Court Cr.Misc. No.36220 of 2018(2) dt.28-06-2018 2/3 petitioner has been made accused. He submits that a truck lying near a line hotel was searched by the police, from which huge quantity of Indian Make Foreign liquor was recovered. Learned counsel for the petitioner submits that without any cogent material, the petitioner has been made accused. Learned Addl. Public Prosecutor has opposed the prayer for grant of bail. He submits that during search of the truck, a slip was found, over which name of the petitioner and others was mentioned. Meaning thereby that the consignment had arrived only for distribution of liquor to the concerned persons, whose names were mentioned on the slip. On examination of the F.I.R., the Court is of the opinion that the petitioner's name has come without any corroborative evidence. Accordingly, there is no reason to refuse the prayer for anticipatory bail, particularly in view of the fact that the petitioner is having clean antecedent.

In the event of his arrest or surrender within six weeks from today, let the petitioner, namely, Bal Bachan Singh @ Bal Bachan 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 2nd Addl. District & Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in

Patna High Court Cr.Misc. No.36220 of 2018(2) dt.28-06-2018 3/3 connection with Nokha P.S. Case No.58 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T