Anand Chandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46039 of 2023 Arising Out of PS. Case No.-370 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== ANAND CHANDRA SINGH Son of Vishnu Prasad Singh @ Vishnu Prasad Resident of village - Bishanpur, P.S. - Balrampur, Distt. - Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Musowir, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.

2. Petitioner apprehends his arrest in connection with Prohibition Exclusive Excise P.S. Katihar Case No. 370 of 2023 dated 23.4.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The Police intercepted a Motorcycle and recovered 375 ml. of illicit liquor from the same which was being driven by the son of the petitioner and arrested two persons.

Patna High Court CR. MISC. No.46039 of 2023(2) dt.04-08-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner has been made accused on the basis of fact that he is the owner of the Motorcycle which was seized by the Police from which 375 ml. of illicit liquor was recovered. Learned counsel further submits that the son of the petitioner was arrested when he had gone to the market along with his friend for some work without informing the petitioner and the petitioner was not aware about the illicit liquor being carried by them.

5. Regards being had to the submission made by the parties and taking into consideration the fact that the petitioner has been made accused on the basis of his being the owner of the Motorcycle and his son along with his friend was arrested with the Motorcycle, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge 1st, Katihar, Distt. Katihar,

Patna High Court CR. MISC. No.46039 of 2023(2) dt.04-08-2023 3/3 in connection with Prohibition Exclusive Excise P.S. Case No. 370 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Ali/- U