Sukhdev Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73230 of 2023 Arising Out of PS. Case No.-35 Year-2020 Thana- RAJPUR District- Rohtas ====================================================== SUKHDEV SINGH SON OF JAGAT SINGH VILLAGE CHAKDANA HOUSE NO 433 PS AUR DISTRICT SHAHEED BHAGAT SINGH NAGAR PUNJAB, PIN- 144422 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Pushpa Sinha 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Rajpur P.S. Case No. 35 of 2020 registered for the offences punishable under Sections 414, 34 of the Indian Penal Code and Section 30 (a) of the Bihar Excise Act.
3. As per prosecution case, on a secret information a raid against the illegal liquor traders was made and a twelve wheeler truck, two pick up van, one tempo and three Apache motorcycles were seized from which total 572 cartons each containing 48 bottles of foreign liquor of 180 ml each were recovered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.73230 of 2023(2) dt.10-11-2023 2/3 petitioner is innocent and has committed no offence and has been falsely implicated in this case due to registered owner of the seized truck which he had already sold to one Devendra Singh on 20.12.2019 by way of affidavit and he has no concern with the seized truck or liquor and in this regard he has filed copy of the said agreement of sale. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent.
5. Learned APP opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 50,000/- (rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Rajpur P.S. Case No. 35 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that one of the bailors should be his family member/close relative. The petitioner shall also
Patna High Court CR. MISC. No.73230 of 2023(2) dt.10-11-2023 3/3 file undertaking that he shall cooperate during investigation and trial of this case.
(Sunil Dutta Mishra, J) khushbu/- U T