Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69014 of 2023 Arising Out of PS. Case No.-52 Year-2020 Thana- KALER District- Jehanabad ====================================================== SURENDRA SINGH Son of Digvijay Singh R/o Vill - Dugul, P.S. - Kasma, Distt. - Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Nivedita Nirvikar, Adv.

Mr. Arya Achint, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-11-2023

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

2. Petitioner apprehends his arrest in connection with Kaler P.S. Case No. 52 of 2020 dated 30.10.2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent, though the instant matter relates to the recovery of huge quantity of spirit from a truck but as per the FIR, the petitioner is not stated to have been arrested from the said truck and it's driver and co-driver are stated to have been arrested when the recovery of spirit which was kept beneath stone chips

Patna High Court CR. MISC. No.69014 of 2023(2) dt.01-11-2023 2/3 (Gitti) was made and the person apprehended, disclosed the petitioner's role as being involved in loading of the alleged spirit in the said truck and merely on that basis petitioner has been implicated in this matter but the petitioner has no concern with the alleged truck and the seized spirit which is an admitted position and in respect of petitioner's involvement the prosecution is mainly relying upon the statement of driver and co-driver which is not admissible and moreover, as per the said statement one namely, Bajrangi Singh is stated to be the owner of the alleged vehicle and spirit and the petitioner has been implicated mainly on account of being involved in loading of the alleged spirit in the said truck and accordingly, the alleged offence of Excise Act under which the FIR has been registered, does not attract against the petitioner prima-facie, hence his prayer for anticipatory bail is maintainable.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner but fairly accepted that he has been implicated in this case mainly on account of the detail of his mobile number given by the co-accused persons who were apprehended with the alleged spirit.

5. Considering the above submissions and mainly the facts that the petitioner is not named in the FIR and mainly on

Patna High Court CR. MISC. No.69014 of 2023(2) dt.01-11-2023 3/3 account of the disclosure of his mobile number made by the driver and co-driver who were arrested with the alleged spirit, he has been implicated in the present case, in my opinion, in the said circumstance the petitioner's prayer for anticipatory bail is maintainable as the alleged offence of the FIR does not primafacie attract against the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Kaler P.S. Case No. 52 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Maynaz/- U T