Santosh Kumar Singh @ Pathru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54236 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- MASHRAK District- Saran ====================================================== Santosh Kumar Singh @ Pathru Son of Lalan Singh R/O Village - Gangauli, P.S.- Mashrakh, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeet Kumar Singh, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2024

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

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

4. Allegation is of recovery of 16.380 litres of liquor from the shop of the petitioner, 70 litres of liquor from a place behind the shop of the petitioner and 5 litres of liquor from possession of Bachi Devi @ Basanti Devi.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further asserted and submitted that it has been specifically pleaded in the anticipatory bail application that petitioner is not the owner of the shop from where

Patna High Court CR. MISC. No.54236 of 2024(2) dt.06-08-2024 2/2 the alleged recovery was made. It is next submitted that the police in a mechanical manner investigate and implicate the innocent persons.

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, let 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.500/- (Rupees Five Hundred) 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 Mashrakh P.S. Case No. 171 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Kundan/- U T