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Patna High CourtCR. MISC./43223/2023bail granted

Sharvan Kumar Singh @ Doctor @ Sharvan Singh @ Shrawan Kumar Singh v. The State Of Bihar

2023-09-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43223 of 2023 Arising Out of PS. Case No.-637 Year-2022 Thana- GOPALPUR District- Patna ====================================================== Sharvan Kumar Singh @ Doctor @ Sharvan Singh @ Shrawan Kumar Singh Son Of Medni Singh Village- Bahadurpur Ps- Athmalgola Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code and Section 30(a), 32(2)(3) /36, 41 (1) (2)/44 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 3129.75 liters of country made liquor was recovered from a truck.

4. Learned Counsel for the petitioner submits that petitioner is neither driver nor owner of the vehicle in question. No incriminating material has been recovered from the conscious possession of the petitioner and only on the basis of suspicion, the petitioner has been made accused in this case. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.43223 of 2023(3) dt.25-09-2023 2/2

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Court, Patna/concerned court below in connection with Gopalpur P. S. Case No. 637 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shishir/- U T