Jai Bahadur Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44985 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- CHARPOKHARI District- Bhojpur ====================================================== Jai Bahadur Singh Son Of Late Bake Singh Resident Of Barap, P.S- Garahani, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alka Singh For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 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), 37(C) of the Bihar Prohibition & Excise Act.
There is recovery of 1.5 litres of Indian made foreign liquor from a Scorpio vehicle and the driver was apprehended who disclosed the name of the petitioner as owner of the seized Scorpio vehicle.
Patna High Court CR. MISC. No.44985 of 2022(2) dt.04-11-2022 2/3 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. It is further submitted that in fact, nothing was recovered from the vehicle but the police, with malice intention had planted the illicit liquor in the vehicle, in the background of hot exchange with the driver of the vehicle. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Considering the meager quantity of illicit liquor, 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 Exclusive Special Excise Court, 1st, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 100 of 2022, subject to the
Patna High Court CR. MISC. No.44985 of 2022(2) dt.04-11-2022 3/3 conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shageer/- U T