Aniket Singh @ Aniket Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58047 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Aniket Singh @ Aniket Kumar Singh Son Of Sri Ashok Kumar Singh @ Ashok Singh Resident of Village- Siswa Patna, P.S.- Kesaria, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Maruth Nath Roy, Advocate For the Opposite Party/s :

Mrs.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks (if any). In the present case, the petitioner seeks bail in connection with Excise P.S. Case No. 94 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, on the basis of a tip off car was intercepted and its driver was apprehended. On search of this car 100.200 litres of India made foreign liquor was recovered. Petitioner is stated to be the driver of the said car. The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58047 of 2022(2) dt.25-11-2022 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the car and he has nothing to do with the allegedly seized liquor. The petitioner is in custody since 26.07.2022 and prosecution report has been submitted.

Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedent. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody along with the submission of prosecution report, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV-cumExclusive Special Excise Court-II, Gopalganj in connection with Excise P.S. Case No. 94 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the other following conditions:

(i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.58047 of 2022(2) dt.25-11-2022 3/3 every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T