Harjit Singh @ Bablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65786 of 2023 Arising Out of PS. Case No.-346 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Harjit Singh @ Bablu Singh Son of Jasbeer Singh R/o Mohalla - Belwaganj, P.S. - Laheriasarai, Distt. - Darbhanga ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ugranath Mallik, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Laheriasarai P.S. Case No. 346 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Excise & Prohibition Act, 2018. He has got three criminal antecedents.

3. As per the prosecution story, on 12.07.2023 at about 04:00 P.M., the informant during vehicle checking intercepted a motorcycle and apprehended one person who disclosed his name as Sonu Kumar. On search, total 1.8 liters of foreign liquor was recovered from the dicky of the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is no recovery from the conscious possession of the petitioner and his name has transpired from the statement of the apprehended accused.

5. Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.65786 of 2023(2) dt.19-10-2023 2/2 anticipatory bail of the petitioner.

6. Having regard to the submission that the name of the petitioner has transpired in the confessional statement of the apprehended accused but nothing has been recovered from his conscious possession and the motorcycle does not belong to him, this Court directs that in case of his arrest or surrender within a period of six weeks from today, the petitioner above named be released on bail in connection with Laheriasarai P.S. case No. 346 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act-II, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T