Sushil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45448 of 2022 Arising Out of PS. Case No.-89 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== Sushil Kumar Singh Son Of Tej Pratap Singh Resident Of Village - Majislapur, P.S.- Andar, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 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 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 12.50 litres of Indian made foreign liquor from a motorcycle. The petitioner is owner of the motorcycle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is owner of

Patna High Court CR. MISC. No.45448 of 2022(2) dt.11-11-2022 2/3 the motorcycle but his motorcycle was taken away by his villager Amit Kumar Singh for taking medicine from market. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the District Legal Services Authority, Siwan.

In the facts and circumstance of the case, 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 Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Siwan in connection with Mairwa P.S. Case No. 89 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit

Patna High Court CR. MISC. No.45448 of 2022(2) dt.11-11-2022 3/3 of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority, Siwan.

(Sunil Kumar Panwar, J) Shageer/- U T