Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40059 of 2023 Arising Out of PS. Case No.-142 Year-2021 Thana- PIRO District- Bhojpur ====================================================== 1.

Anil Kumar Singh, Son Of Late Chitranjan Singh Mohalla- Flat No-301, Sadhubela Apt Maidani Ansh Lane No-14, Ravindrapuri Colony PsVaranasi Dist- Varanasi U.P 2.

Manish Kumar, Son Of Ranjit Kumar Singh Village- Veer Kunwar Singh Nagar Road No-1, Ps- Aurangabad Dist- Aurangabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 272, 273, 420, 120(b) of the I.P.C. and Sections 30(a), 33, 36, 41(i) of the Excise Act, 2018.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 4050 litres of liquor and 334 CFT of stone dust from a truck.

The learned counsel for the petitioners submits that the petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and petitioner no.1 came to be implicated merely because he is owner of a stone crusher and

Patna High Court CR. MISC. No.40059 of 2023(2) dt.03-07-2023 2/2 petitioner no.2 is Manager of Mahadev Construction Private Limited. It is next submitted that petitioners have no concern with the truck in question, which was seized.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of Mr. Arun Kumar Sharma, learned Exclusive Special Judge Excise, Excise Court No.II, Bhojpur, Ara in connection with Piro P. S. Case No.142 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T