Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3843 of 2018 Arising Out of PS.Case No. -299 Year- 2017 Thana -MASRAKH District- SARAN ======================================================

1. Anil Singh Son of late Raghav Singh Residents of Village- Gangauli, Police Station- Masrakh, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Masrakh P.S. Case No. 299 of 2017 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30, 30(a), 38, 41 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding the police apprehending a truck, which is said to be loaded with chemical, however, upon the examination, it transpired that 6000 liters of spirit was being carried on the said truck. The said truck is said to be a public career.

The learned counsel for the petitioner submits that the petitioner has neither been apprehended on the spot nor any recovery has been made from his conscious possession and he has been falsely implicated in this case merely on the statement of the

Patna High Court Cr.Misc. No.3843 of 2018 (2) dt.25-01-2018 2/2 apprehended persons. It is further submitted that the owner of the truck has been granted anticipatory bail by this Court by an order dated 09.01.2018 passed in Criminal Miscellaneous No. 63598 of 2017 and other co-accused person has been granted anticipatory bail by this Court by an order dated 13.12.2017 passed in Criminal Miscellaneous No. 59446 of 2017.

Having regard to the facts and circumstances of the case, more particularly the fact that prima facie no offence is made out under the provisions of the Excise Act as far as the petitioner is concerned and further the fact that the co-accused persons, who are said to be the main accused, have already been granted anticipatory bail by this Court, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, VIth, Saran at Chapra in connection with Masrakh P.S. Case No. 299 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T