Mintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46930 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- BARBIGHA District- Sheikhpura ====================================================== MINTU SINGH Son of Rajniti Singh @ Raja Ram Singh Resident of VillageBabhanbigha, P.S.- Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-10-2019 The petitioner apprehends his arrest in connection with Barbigha P.S.Case No. 07 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner, as per FIR, is that the police intercepted one truck, one Bolero vehicle and one Indica car and recovered a total quantity 1584 litres illicit liquor from the aforesaid vehicles and arrested six persons. It has further been alleged that name of the petitioner has been disclosed by the arrested accused persons before the police. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of statement made before the police by the arrested co-accused. He further submits that no illicit liquor has been recovered from the

Patna High Court CR. MISC. No.46930 of 2019(3) dt.01-10-2019 2/2 conscious possession or the vehicles belonging to the petitioner and in para-11 of this application, the petitioner has stated that the petitioner is not owner or the driver of the aforesaid vehicles.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioner is not the owner or the driver of the seized three vehicles in question, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, Sheikhpura in connection with Barbigha P.S.Case No. 07 of 2019 (Excise Case No. 09 of 2019); subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T