Daljit Singh @ Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68324 of 2023 Arising Out of PS. Case No.-630 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Daljit Singh @ Pappu Singh, son of Tara Singh, R/o- 133A, Pocket J and K Near Mother Dairy Dilshad Garden Delhi Ps- Seemapuri Dist- Sahadara Delhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manindra Kishore Singh, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending his arrest in connection with Laheri P.S. Case No. 630 of 2022, registered on 06.12.2022 for the offences under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code and Sections 30(a), 32 (ii), (iii), 36 and 41(ii) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, police received information about a truck carrying illicit liquor. The said truck was intercepted and co-accused persons were apprehended. Recovery of 36 litres of India made foreign liquor was made from the said truck. Name of the petitioner transpired during

Patna High Court CR. MISC. No.68324 of 2023(4) dt.29-02-2024 2/3 investigation as one of the accused persons for being involved in illicit trade of liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. Nothing incriminating has been recovered from the person or possession of the petitioner. Since the petitioner is the owner/partner of a transport company, he has been made accused in this case. The petitioner was not even present at the place of occurrence. Petitioner has been running transport agency and he uses to reside at Delhi. Petitioner is having clean antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the remoteness of allegation against the petitioner coupled with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special

Patna High Court CR. MISC. No.68324 of 2023(4) dt.29-02-2024 3/3 Excise-II, Nalanda/court concerned in connection with Laheri P.S. Case No. 630 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

However, the bail bond of the petitioner will be accepted after proper verification of his permanent place of residence as it has been submitted that the petitioner permanently resides at Delhi. In case, if it is found that the petitioner is not residing permanently at Delhi, his bail bond will not be accepted. (Arun Kumar Jha, J) balmukund/- U T