Shiv Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41627 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- KOCHAS District- Rohtas ====================================================== Shiv Kumar Singh Son Of Baban Singh R/O- Village -Dhanchhua, PsBikramganj, District -Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar Singh For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Kochas P.S. Case No. 109 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 104.64 liters of foreign liquor from a truck.
4. 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 of liquor. The name of the petitioner has transpired as being owner of the vehicle in question and he has
Patna High Court CR. MISC. No.41627 of 2024(2) dt.26-06-2024 2/2 no knowledge regarding the goods loaded in the vehicle. No incriminating article has been recovered from the conscious possession of the petitioner. It is next submitted that the petitioner has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Kochas P.S. Case No. 109 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Arish/- U T