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Patna High CourtCR. MISC./64121/2021bail granted

Anil Singh v. The State Of Bihar

2022-04-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64121 of 2021 Arising Out of PS. Case No.-282 Year-2021 Thana- BARHARIA District- Siwan ====================================================== ANIL SINGH Son of Ramadhar Singh Resident of Village - Bhalua, P.S. - Barhaiya, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273, 414 and 34 of the Indian Penal Code and sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on information having been received that a Bolero pick up vehicle loaded with liquor for the petitioner was arriving, it is stated that a raid was conducted. On the petitioner seeing the police personnel it is stated that the petitioner escaped on his motorcycle and the police personnel were unable to catch hold of him inspite of all efforts.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case.

Patna High Court CR. MISC. No.64121 of 2021(2) dt.18-04-2022 2/2 Neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He is in custody since 9.9.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

It is submitted by learned counsel for the petitioner that a typographical error has occurred in paragraph no.13 and prayer portion of the petition wherein instead of the correct district Siwan, Gopalganj has been typed.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent and not having been arrested at the spot, the Court directs the petitioner to be enlarged on bail in connection with Barhariya P.S. Case no. 282 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District and Sessions Judge cum Special Judge, Excise, Siwan. (Partha Sarthy, J) Bibhash/- U