Patna High CourtCR. MISC./59034/2024disposed

Sadhu Singh @ Sanjay Kumar v. The State Of Bihar

2024-10-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59034 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Sadhu Singh @ Sanjay Kumar S/O Haridwar Singh Resident of villageChura, P.S.- Barun, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Barun P.S. Case No. 52 of 2024 dated 06.02.2024 of the offences punishable u/s sections 30(a) of the Bihar Prohibition and Excise Act 2018.

3. As per the prosecution case, total 22.140 litres of illicit foreign liquor was recovered from the house of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered from the

Patna High Court CR. MISC. No.59034 of 2024(2) dt.04-10-2024 2/2 conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery has been made from the house of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as this case is not maintainable, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

8. The application stands disposed of.

(Chandra Prakash Singh, J) Gautam/- U T