Pritam Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59122 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Pritam Singh, S/O Shailendra Singh, R/O Village- Maharaja Hatta Gali, Ps. Ara Nawada, Dist. Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned counsel for the State.
2. In this case, the petitioner is apprehending his arrest in connection with Udawantnagar P.S. Case No. 89 of 2023, registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per prosecution case, police received secret information about petitioner transporting a large consignment of India made foreign liquor for its trade. The said vehicle was intercepted and recovery of 72 litres of India made foreign liquor was made from this vehicle. The driver of the vehicle fled away when it was ordered to stop.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.
Patna High Court CR. MISC. No.59122 of 2023(2) dt.03-10-2023 2/3 Nothing incriminating has been recovered from the person of possession of this petitioner. Nothing has come on record to connect the petitioner with the offence as alleged. The vehicle does not belong to this petitioner and he has nothing to do with the seized contraband. Petitioner has got no criminal history.
5. Learned APP opposes the prayer for anticipatory bail made on behalf of the petitioner.
7. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the distinct lack of material against the petitioner to connect him with the offence as alleged and further considering the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty thousand Only) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Bhojpur at Ara/concerned court in connection with Udawantnagar P.S. Case No. 89 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and
Patna High Court CR. MISC. No.59122 of 2023(2) dt.03-10-2023 3/3 every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T