Sudhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68310 of 2022 Arising Out of PS. Case No.-195 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== SUDHIR SINGH S/O LATE JAY MANGAL SINGH Resident of VillageAmba Kala, P.S.- Piprahi, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 7.5 liters of liquor from petitioner's poultry farm. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated at the instance of Chowkidar and villagers with whom he is on an inimical terms, further, the name of the villager is not disclosed, it is also

Patna High Court CR. MISC. No.68310 of 2022(2) dt.13-12-2022 2/2 submitted that poultry farm is an open space and since presently there is no business of poultry being carried, as such, petitioner was not aware that someone has kept liquor of such meagre amount in his poultry farm, it is also submitted that no prudent person would use his own premises for committing an illegality and thus create evidence against himself.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Piprahi P.S. Case No. 195 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T