Patna High CourtCR. MISC./51886/2023bail granted

Brajesh Singh v. The State Of Bihar

2023-08-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51886 of 2023 Arising Out of PS. Case No.-208 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== BRAJESH SINGH Son of Late Rama Singh Resident of village - Bistoul, P.S. - Baikunthpur, Distt. - Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2023

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 offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 7.200 litres of liquor from a motorcycle which was parked near the pond of Basisth Singh.

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 on the confessional statement of co-accused Ranjeet Kumar in police custody which does not have any evidentiary

Patna High Court CR. MISC. No.51886 of 2023(2) dt.16-08-2023 2/2 value in the eye of law. It is further submitted that petitioner is not the owner of the seized vehicle. At this stage, learned counsel for the petitioner submits that in the FIR the recovery is shown as 7.020 litres of liquor while in the seizure list it has been recorded as 7.200 litres of liquor.

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.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 Baikunthpur P.S. Case No. 208 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T