Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32363 of 2020 Arising Out of PS. Case No.-320 Year-2020 Thana- BARHARA District- Bhojpur ====================================================== ANIL SINGH, S/o Harendra Singh R/o village- Keshopur, P.S.- Barahara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Barahara P. S. Case No. 320 of 2020 dated 31.07.2020, instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

34.9 litres of liquor is said to have been recovered from two vehicles and the brother of the petitioner was arrested along with the liquor. The name of the petitioner has transpired in the confession of his

Patna High Court CR. MISC. No.32363 of 2020(2) dt.08-02-2021 2/3 brother.

The learned counsel for the petitioner has submitted that his brother was made to confess under duress by the police.

There is no recovery from the possession of the petitioner and he does not have criminal antecedents. The learned counsel for the petitioner submits that the accusation in the F.I.R. does not make out a case under the provisions of the Excise Act against the petitioner.

Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge - cum - Special Judge, Excise Act, Bhojpur at

Patna High Court CR. MISC. No.32363 of 2020(2) dt.08-02-2021 3/3 Ara, in connection with Barahara P. S. Case No. 320 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T