Sachchidanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66857 of 2021 Arising Out of PS. Case No.-152 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== SACHCHIDANAND SINGH Son of Late Buhan Singh Resident of Village Rahimapur, P.S. Bidupur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

It is a case of recovery of about 60.480 liters of English wine from a poultry form.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the seizure list shows that the incriminating wine was recovered from the temporary hut, situated near the poultry form, which relates to this petitioner. He further submits that the place of recovery of seized wine does not belong to the

Patna High Court CR. MISC. No.66857 of 2021(2) dt.18-07-2022 2/2 petitioner and petitioner has not been apprehended at the spot as well as there is no recovery from the conscious or constructive possession of the petitioner. Petitioner has got clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with C2A no.152 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T