Yoganand Singh @ Joganand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44347 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- KARJAIN District- Supaul ====================================================== YOGANAND SINGH @ JOGANAND SINGH Son of Late Mahabir Singh Resident of Village - Fakirana, Ward No.- 9, P.S.- Karjain, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2023

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 147, 149, 341 and 353 of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

4. Allegation is of recovery of 25.5 litres of liquor from a motorcycle.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is not the owner of the motorcycle and he came to be implicated in the present case on the allegation that on seeing

Patna High Court CR. MISC. No.44347 of 2023(2) dt.18-07-2023 2/2 the police two accused fled away on a motorcycle and went inside the house of the petitioner and thereafter the petitioner came out and an altercation took place and taking advantage of the same two persons fled away from the place of occurrence. It is next submitted that petitioner is a retired government servant. It is also submitted that motorcycle was not seized from the premise of the petitioner but from a place outside his house.

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

7. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Karjain P.S. Case No. 65 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T