Bhuwar Singh @ Pushpendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52581 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

BHUWAR SINGH @ PUSHPENDRA SINGH S/o Jaggu Singh @ Jaganarayan Singh R/o Vill.-Balihar, P.S.-Simari, Dist.-Buxar. 2.

SANTOSH SINGH @ SANTOSH KUMAR SINGH S/o Jaggu Singh @ Jaganarayan Singh R/o Vill.-Balihar, P.S.-Simari, Dist.-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tushar Vaibhav, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that the petitioner no. 1 has antecedent of three cases and petitioner no. 2 has antecedent of one case and allegation is of recovery of 145.980 liters of liquor from a sack found near the kiln of Manoj Ojha.

4. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.52581 of 2023(2) dt.16-08-2023 2/2 was recovered from their conscious possession, it is next submitted that petitioners have been falsely implicated in the present case, it is further submitted that they came to be implicated based on secret information which is the easiest way to implicate someone, it is next submitted that even alleged recovery is from a place which does not belong to the petitioners.

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

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 15,000/- (Rupees Fifteen Thousand) each 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) GauravSinha/- U T