Sohit Singh @ Guddu Singh @ Sohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66340 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- SAKATPUR District- Darbhanga ====================================================== Sohit Singh @ Guddu Singh @ Sohit Kumar Son of Ganesh Singh Resident of Village- Navtoli Bahra, P.S.- Sakatpur, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand For the Opposite Party/s :
Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2024
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 Section 30(a) of the Bihar Prohibition and Excise Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 25.920 liters of liquor from a motorcycle.
4. It is next submitted that the petitioner was not arrested from the spot and as such nothing was recovered from his conscious possession and he is not the owner of the seized motorcycle and he came to be implicated based on the confessional statement of Govind in police custody, he does not have any evidentiary values.
5. The learned APP for the State opposes the anticipatory bail application.
Patna High Court CR. MISC. No.66340 of 2024(2) dt.12-09-2024 2/2
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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Sakatpur P.S. Case No. 43 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect.
8. The application stands allowed.
(Satyavrat Verma, J.) Sudhanshu/- U T