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Patna High CourtCR. MISC./48138/2019bail granted

Sujeet Singh v. The State Of Bihar

2019-08-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48138 of 2019 Arising Out of PS. Case No.-202 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== SUJEET SINGH Son of Naresh Singh @ Nanhak Singh Resident of Village - Chintamanpur, P.S.- Pipra, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that from a banana orchard, 4008.600 litres of Indian Made Foreign Liquor were recovered. The petitioner is alleged to have escaped from the scene.

It is submitted by learned counsel for the petitioner that place of recovery does not belong to the petitioner, statement to that effect has been made in paragraph no.11 of the petition. The petitioner has maliciously been framed in the present case. Learned APP submits that on seeing the police personnel,

Patna High Court CR. MISC. No.48138 of 2019(2) dt.02-08-2019 2/2 the petitioner escaped from the place of seizure. Considering the fact that prosecution has deliberately not mentioned the ownership of the place of seizure in the prosecution report in order to save real accused persons and due to latches on the part of the informant, this Court is constrained to grant anticipatory bail to the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-IX-cumSpecial Judge, Excise, East Champaran, Motihari in connection with Excise Case No. 202 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T