Sri Bhagwan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53279 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Sri Bhagwan Singh Son Of Late Ram Balak Singh Resident Of Village - Pakri, Ara, P.S. - Ara Nawada, Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Ara Muffasil P.S. Case No. 99 of 2023 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of total 90 litres of country-made wine kept in the bag on the motorcycle.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that motorcycle of the petitioner was theft away on 22.12.2022 for which he had given Sanha to the concerned police station. Petitioner is neither concern with the recovered wine nor concern with the arrested co-accused person.
Patna High Court CR. MISC. No.53279 of 2023(2) dt.30-08-2023 2/2 Petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court No. I, Bhojpur at Ara in connection with Ara Muffasil P.S. Case No. 99 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashutosh/- U T