Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72366 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== Awadhesh Singh S/O Vijay Kumar Singh @ Rajkumar Singh Village- Sakhua, Ps. Pandwa, Dist. Palamu (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Kutumba P.S. Case No. 27 of 2023, G.R. No. 444/2023 dated 14.02.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 91.2 litres of illicit country made liquor was recovered from a motorcycle. It is further stated that the petitioner is the owner of the said vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner is the owner of the said vehicle but the

Patna High Court CR. MISC. No.72366 of 2023(2) dt.09-11-2023 2/2 said motorcycle was not being driven by the petitioner at the time of alleged occurrence. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Aurangabad in connection with Kutumba P.S. Case No. 27 of 2023, G.R. No. 444 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T