Shivji Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66431 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- DHIBRA District- Aurangabad ====================================================== Shivji Singh S/O Late Ghura Singh R/O Village - Sabeyan tola , P. S - Rajpur, District - Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends arrest in connection with Dhibra P.S. Case No. 40 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that, 26.100 liters country made liquor was recovered from motorcycle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no knowledge and concern with the alleged recovery of liquor. The petitioner has got no criminal antecedent. Motorcycle in

Patna High Court CR. MISC. No.66431 of 2024(2) dt.01-10-2024 2/2 question was earlier stolen, for which petitioner approached to the police station, but no action was taken. There is no compliance of Section 100 of the Cr.P.C.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhibra P.S. Case No. 40 of 2024 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rudra Prakash Mishra, J) Raj Kishore/- U T