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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64487 of 2024 Arising Out of PS. Case No.-289 Year-2024 Thana- MADANPUR District- Aurangabad ====================================================== Upendra Singh @ Upendra Kumar Singh Son of Shatrughan Singh Village - Anjan, Ps- Madanpur, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 34, 36 of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of 9 cases and allegation is of recovery of 4960 liters of spirit from a tanker.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the tanker and he came to be implicated at the instance of Chowkidar, it is next submitted that police in majority of the case implicates either at the instance of Chowkidar, local person, secret information or confessional

Patna High Court CR. MISC. No.64487 of 2024(2) dt.05-09-2024 2/2 statement in a mechanical manner without holding a proper investigation. It is also submitted that once an accused is implicated in a case relating to excise the police starts implicating mechanically and at times to save the real culprits.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 45,000 /- (Rupees Fourty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 1, Aurangabad (Bihar) in connection with Madanpur P.S. Case No. 289 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J.) Sudhanshu/- U T