Patna High CourtCR. MISC./46235/2023bail granted

Babu Saheb @ Babu Saheb Singh v. The State Of Bihar

2023-07-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46235 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- MATIHANI District- Begusarai ====================================================== BABU SAHEB @ BABU SAHEB SINGH Son of Late Ram Bharosa Singh Resident of village - Ramdiri (Nakti), P.S.- Matihani, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023

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 30(a), 32(3) and 41 of the Bihar Prohibition and Excise Act, 2018.

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

4. Allegation is of recovery of 4082.00 litres of liquor from a container.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on secret information. It is further submitted that it appears that the police in order to save the real culprits falsely implicated the petitioner based on secret information

Patna High Court CR. MISC. No.46235 of 2023(2) dt.24-07-2023 2/2 because of his antecedent when he is not the owner of the container.

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.30,000/- (Rupees Thirty 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 Matihani P.S. Case No. 39 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T