Amresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49623 of 2022 Arising Out of PS. Case No.-129 Year-2022 Thana- DEORIYA District- Muzaffarpur ====================================================== Amresh Singh Son Of Ram Shreshth Singh @ Ram Shreshth Singh Resident Of Village - Mukhiya Chowk, Dubarbana, P.S.- Deoriya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273/34 of Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

It is a case of recovery of 1.260 litres of Indian Made Foreign Liquor.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has committed no offence. It is further submitted that the petitioner is not concerned either with the seized illicit liquor or with the place of recovery. The place of recovery is a combined open area of joint family property. The petitioner was not

Patna High Court CR. MISC. No.49623 of 2022(2) dt.10-11-2022 2/3 apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner and except the secret information, there is no any cogent material which connects the petitioner with the present case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case and considering the meager quantity of recovery of illicit liquor, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 2, Muzaffarpur in connection with Deoriya P.S. Case No. 129 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T

Patna High Court CR. MISC. No.49623 of 2022(2) dt.10-11-2022 3/3