Gopal Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.2764 of 2017 (2) dt.04-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2764 of 2017 Arising Out of PS.Case No. -291 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ====================================================== Gopal Singh son of Late Rameshwar Singh, R/o village- Dumri Kala, P.S.- Majorganj, Dsitrict- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Majorganj P.S. Case No. 291 of 2016 registered for the offence punishable under Section 30 (A) of Bihar Excise Act. Allegedly, from possession of co-accused Bhawan Paswan 10.5 liter Nepali Saufi liquor was recovered and he disclosed that he used to bring the liquor from Nepal for the petitioner and for that the petitioner is to give Rs. 2,000/- to him. Submission is of false implication and that nothing has been recovered either from his house or from his conscious possession, name of the petitioner has come in the confessional statement of co-accused which has got no evidentiary value in the eye of law. Seizure list witnesses have not stated the name of the petitioner. Due to enmity co-accused has named the petitioner and

Patna High Court Cr.Misc. No.2764 of 2017 (2) dt.04-02-2017 as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering that the name of the petitioner has been taken by co-accused and besides that there is nothing against him, the petitioner, above named in case of his surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S. Case No. 291 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T