Sunny Singh @ Ritesh Ranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36413 of 2022 Arising Out of PS. Case No.-150 Year-2021 Thana- SONEPUR District- Saran ====================================================== Sunny Singh @ Ritesh Ranjan Singh Son Of Umesh Singh @ Umesh Kumar Singh R/O Village- Baijalpur Keso, P.S.- Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash 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 Sonepur P.S. Case no. 150 of 2021 instituted for the offence under Sections 30(a), 38/40(i)37(b)(c) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 5066 litres IMFL from truck, scooty and motorcycle and three persons were arrested on spot who disclosed the name of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the vehicles in question. The name of the petitioner has been disclosed in this case by apprehended co-accused Mukash and Amit, before the

Patna High Court CR. MISC. No.36413 of 2022(2) dt.23-09-2022 2/2 police, which ahs got no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. One of the co-accused has already been granted anticipatory bail from a co-ordinate Bench vide order dated 01.04.2022 passed in Cr. Misc. No. 50689 of 2021.

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 Sonepur P.S. Case no. 150 of 2021, 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 2nd Exclusive Special Excise, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U