Kishan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39364 of 2022 Arising Out of PS. Case No.-123 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Kishan Singh S/O Gopal Singh Resident Of At S-12/19, Piparia Pokhari, Varanasi, Uttar Pradesh, Pin Code- 221002 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2022 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 Sections 420 and 468/38 of the Indian Penal Code and Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act.

It is a case of recovery of illicit liquor from the pick up van bearing registration no.UP-65GT-1390 and the said vehicle belongs to this petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the wine in question was loaded by a co-accused Ujjawal. He further submits that petitioner is ready to deposit of Rs.25,000/- in the District Legal Services Authority, Kaimur at Bhabua. Petitioner has clean antecedent.

Patna High Court CR. MISC. No.39364 of 2022(2) dt.02-11-2022 2/2 Learned APP appearing for the State opposed the anticipatory bail and submitted that the petitioner is a registered owner of the vehicle in question seized on the spot. Considering the aforesaid submissions, 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 thousand) with two sureties of the like amount each to the satisfaction of learned Incharge Special Judge, Excise, Kaimur at Bhabua in connection with Mohania P.S. Case No. 123 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C with a further condition that at the time of furnishing bail bond, the petitioner shall produce the receipt of Rs.25,000/ meant to be paid to District Legal Services Authority, Kaimur at Bhabua. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T