Patna High CourtCR. MISC./59341/2023allowed

Sintu Singh @ Sintu Kumar v. The State Of Bihar

2023-09-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59341 of 2023 Arising Out of PS. Case No.-450 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Sintu Singh @ Sintu Kumar, S/O Ravindra Singh, Village - Jamuawan, P.S. Wajirganj, District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Wajirganj P.S. Case No. 450 of 2023 instituted under Section 30 (a) of Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, total 91.125 litres of illicit foreign liquor was recovered from the ladyfinger field situated near the empty house of one Bangali Manjhi.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to one criminal antecedent. Petitioner has no concern with the said recovered liquor and petitioner has also no concern with the field where the recovery was made. No incriminating article has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.59341 of 2023(2) dt.08-09-2023 2/2 and the place of recovery is easily accessible to anyone. Petitioner has one criminal antecedent in which he is on bail.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Court No. 01, Gaya in connection with Wajirganj P.S. Case No. 450 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) khushbu/- U T