Paras Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36336 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Paras Nath Singh S/O Ganga Singh Resident Of Village- Marachi, P.S.- Jamo Bazar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 51.840 liters of Indian made Foreign Liquor from a motorcycle bearing registration No. BR-29G-8009. The petitioner is the owner of the alleged motorcycle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.36336 of 2022(3) dt.29-11-2022 2/3 petitioner. The name of the petitioner has sprang up in this case only because he is the owner of the said motorcycle. It is submitted that the petitioner has sold the motorcycle to one Sarabjit Rai and petitioner has no concern in any manner from the alleged recovered illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rupees Twenty Thousands (Rs. 20,000/-) in the District Legal Services Authority of concerned District.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise, Siwan in connection with Excise P.S. Case No. 49 of 2022 (Goriakothi), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the

Patna High Court CR. MISC. No.36336 of 2022(3) dt.29-11-2022 3/3 learned Court below on showing receipt of deposit of Rs. Twenty Thousands (Rs. 20,000/-) in District Legal Services Authority of concerned district.

(Sunil Kumar Panwar, J) nirajkrs/- U T