Suryamal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61584 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Suryamal Singh, aged about 40 years, Male, S/o Late Lakshman Singh, R/o village- Kota, P.O.- Sikariya, P.S.- Darigaon, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehend his arrest in connection with Ramgarh P.S. Case No. 146 of 2019 registered under sections 420, 467, 468/34 of the Indian Penal Code and 30(a), 56 (i) (ii) of Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation against the petitioner is that the police intercepted a pick-up van and arrested one Amrit Kumar and recovered total quantity of 289.98 liters of illicit liquor from the said pick-up van. The name of the petitioner has been transpired on the basis of the fact that he was found to be the owner of the said pick-up van.

Learned counsel appearing for the petitioner submits that from the petitioner has falsely been implicated in this case

Patna High Court CR. MISC. No.61584 of 2019(2) dt.16-10-2019 2/2 inasmuch as though the petitioner was the owner of the said pick-up van but the same was stolen from his house for which the petitioner had lodged an FIR bearing Sasaram Darigaon P.S. Case No. 392 of 2019 dated 09.05.2019, whereas the present occurrence has taken place on 23.06.2019.

After having heard learned counsel for the parties and taking into consideration the fact that the petitioner had already registered an FIR regarding the theft of his pick-up van prior to the present occurrence, I am inclined to grant anticipatory bail to both the petitioners.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned IVth Additional Sessions Judge-cum-Special Judge, Excise, Kaimur at Bhabhua in connection with Ramgarh P.S. Case No. 146 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U