Patna High CourtCR. MISC./47613/2023bail granted

Suraj Kumar Singh @ Darbhangia @ Suraj Singh v. The State Of Bihar

2023-07-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47613 of 2023 Arising Out of PS. Case No.-60 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== SURAJ KUMAR SINGH @ DARBHANGIA @ SURAJ SINGH SON OF MAHESH SINGH RESIDENT OF VILLAGE- SIGHWARA, PSBAHADURPUR, DIST- DARBHANGA. AT PRESENT NARHA, PSSUPPI, DIST- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2023

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. Allegation is of recovery of 265.500 litres of liquor from an auto.

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 the confessional statement of Birsakal Yadav in police custody which does not have any evidentiary

Patna High Court CR. MISC. No.47613 of 2023(2) dt.27-07-2023 2/2 value in the eye of law. It is further submitted that petitioner is not the owner of the seized vehicle.

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.5,000/- (Rupees Five 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 Suppi P.S. Case No. 60 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T