Paspati Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68837 of 2023 Arising Out of PS. Case No.-368 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Paspati Singh, aged about 50 years, Gender- Male, son of Utim Singh, resident of village- Bhagwanpur, P.S.- Kateya, District- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Kateya PS Case No.368 of 2023 dated 16.08.2023, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 43 litres countrymade liquor from Jharhi, which is an open place.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that nothing has been recovered either from conscious possession of the petitioner or from the house of the petitioner. The seizure has been made from open place, which is accessible to all. Learned counsel further submitted that five criminal cases are pending against the

Patna High Court CR. MISC. No.68837 of 2023(2) dt.08-11-2023 2/3 petitioner on account of which he has been implicated in this case.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on 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 Additional District & Sessions Judge-II cum Special Excise Court No.1, Gopalganj, in Kateya PS Case No.

Patna High Court CR. MISC. No.68837 of 2023(2) dt.08-11-2023 3/3 court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T