Rameshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65564 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Rameshwar Singh Son Of Radheshyam Singh R/O Vill - Bhagwanpur, P.S. - Campierganj, Distt. - Gorakhpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Mohammadpur P.S. Case No. 20 of 2023 dated 17.01.2023 instituted for the offence punishable under Sections 30(a), 48 and 41 of the Bihar Prohibition and Excise (Amendment) Act 2018.

3. The allegation is recovery of 703.2 litres foreign liquor from the pick-up vehicle bearing no. UP56AT3078. It is alleged that after purchasing the said liquor from the petitioner, the apprehended persons were going to deliver to one Yogendra Dutt.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.65564 of 2023(2) dt.07-11-2023 2/3 case. It is further submitted that the petitioner has been made accused in this case only on the basis of confessional statement of apprehended persons. Learned counsel for the petitioner submits that neither the petitioner has been apprehended from the spot nor any incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that the said pick-up belongs to coaccused Pradeep Chauhan, who was also the driver of the said vehicle. Learned counsel for the petitioner submits that petitioner has no concern with the seized liquor. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Mohammadpur P.S. Case No. 20 of 2023, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Session Judge II cum Special Judge Excise Court No. 1, Gopalganj, subject to condition as laid

Patna High Court CR. MISC. No.65564 of 2023(2) dt.07-11-2023 3/3 down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T