Jalandhar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49572 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== JALANDHAR KUMAR SINGH SONOF RAM BRIKSH SINGH R/OMURUWATPUR, WARD NO. 3, P.S.-MAHNAR, DISTT.-VAISHALI, BIHAR-844506 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2023 Heard Mr. Piyush Kumar Pandey, learned counsel for the petitioner and Md. Md. Fahimuddin, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Kalyanpur PS Case No. 85/2023 dated 21.03.2023 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2022 (Amended).

3. The police intercepted a Hundai Car bearing Registration No. BR01A X0584 and recovered altogether 86.160 litres of illicit liquor. Two persons sitting in the car succeeded in fleeing away.

4. Learned counsel for the petitioner submits that the petitioner has been made accused on the basis of being owner of the said car. According to the petitioner, the car was given to his

Patna High Court CR. MISC. No.49572 of 2023(2) dt.11-08-2023 2/2 friend for his personal use for some time and he had no idea that his car will be used in transportation of the liquor. Learned counsel further submits that the petitioner was not aware about the fact that illicit liquor was being carried in the car. Petitioner is having clean antecedent.

5. Having regards to the submissions made by the parties and taking into consideration the fact that the car in question was given by the petitioner to his friend for some personal use and the petitioner has got clean antecedent, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-1, Samastipur in connection with Kalyanpur PS Case No. 85/2023, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T