Pravindra Singh @ Kariya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54587 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== PRAVINDRA SINGH @ KARIYA SINGH S/O LATE GAJADHAR SINGH R/O VILL.- BALIHAR, P.S- SIMARI, DISTT.- BUXAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2023

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 offences punishable under Sections 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of five cases and allegation is of recovery of 145.98 liters of liquor from a plastic sack found near the kiln of Manoj Ojha.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on secret information which is the easiest way to implicate someone, it is next submitted that it appears that

Patna High Court CR. MISC. No.54587 of 2023(2) dt.24-08-2023 2/2 police in order to save the real culprits falsely implicated the petitioner because of his antecedents, it is also submitted that alleged recovery is from a place which is an open space and is accessible to public at large and does not belong to the petitioner.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Buxar(Ind.) P.S. Case No. 95 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T