Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42629 of 2024 Arising Out of PS. Case No.-131 Year-2020 Thana- GOPALPUR District- Gopalganj ====================================================== Sunil Singh S/o Osiyar Singh RESIDENT OF VILLAGE AHIRAULI TOLA, PS GOPALPUR, DISTRICT GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 420 of the IPC and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 89.2 litres of liquor from a bush.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner. It is further submitted that he came to be implicated by the local people but then the FIR does not disclose the name of the person who disclosed the name of the petitioner, which

Patna High Court CR. MISC. No.42629 of 2024(2) dt.05-07-2024 2/2 casts an aspersion on the case of the prosecution. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gopalpur P.S. Case No. 131 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than four cases, in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T