Prem Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49869 of 2022 Arising Out of PS. Case No.-52 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== PREM SHANKAR SINGH Son of Gopi Nath Singh Resident of Quarter No.- 4, Sector - 3/D, Post - Sector - 3, Bokaro Steel City Bokaro, Jharkhand - 827003.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise P.S. Case no. 52C/2021 instituted for the offence under Sections 30(a), 32, 41, 56(a), 56(b) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 357.75 litres of illicit wine from the car of the petitioner and two persons were arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no

Patna High Court CR. MISC. No.49869 of 2022(2) dt.11-11-2022 2/3 concern with the alleged recovery. Only on the basis of ownership of the alleged car, he has been implicated in the present case. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

The petitioner is directed to pay an amount of Rs. 40,000/- in the account of concerned DLSA.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise P.S. Case no. 52C/2021, he will be enlarged on 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 Special Judge, Excise-2-cum-Additional District & Sessions Judge-2, Lakhisarai, Bihar subject to the conditions as laid down under section 438(2) of the Cr.P.C. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 40,000/- (fourty thousand) by the petitioner in the account of the

Patna High Court CR. MISC. No.49869 of 2022(2) dt.11-11-2022 3/3 concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U