Patna High CourtCR. MISC./51161/2023bail granted

Sudhir Singh v. The State Of Bihar

2023-08-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51161 of 2023 Arising Out of PS. Case No.-204 Year-2022 Thana- KOPA District- Saran ====================================================== SUDHIR SINGH S/O DUDHNATH SINGH R/O Village- Daudpur, P.SDaudpur, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kopa P.S. Case No. 204 of 2022 registered for the offences punishable under Sections 30 and 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 100 litres of liquor from a plastic box and a sack found near Janta kiln.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Umesh Singh in police custody which does not have any evidentiary value, it is

Patna High Court CR. MISC. No.51161 of 2023(2) dt.07-08-2023 2/2 further submitted that petitioner being brother of Anil Kumar was implicated since Anil is owner of the kiln.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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. 1,000/- (Rupees One 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 Kopa P.S. Case No. 204 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T