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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36711 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== Praduman Singh@Praduman Kumar Singh Son Of Vishnudeo Singh @ Visundev Singh @ Bishwanath Singh R/O- Vill- Parsaunikhas, P.S.- Uchakagaon, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Uchakagaon P.S. Case no. 84 of 2022 instituted for the offence under Sections 30(a)(b)/37(b) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 5 litres of country made liquor from a motorcycle and co-accused Gayasuddin was apprehended on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or

Patna High Court CR. MISC. No.36711 of 2022(2) dt.23-09-2022 2/2 with the vehicle in question. The name of the petitioner has been disclosed in this case in confessional statement of co-statement Gayasuddhin before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Uchakagaon P.S. Case no. 84 of 2022, 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 Additional Sessions Judge II-cumSpecial Excise Court No.1, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U