Anuranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23544 of 2018 Arising Out of PS. Case No.-440 Year-2017 Thana- Bakhtiyarpur District- Saharsa ====================================================== Anuranjan Singh S/o Ram Kinkar Singh , R/o Vill.- Shankarpur, P.s.- Bakhtiyarpur (Balwahat O.P.), District- Saharsa. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. R.C. Thakur Mr. Anil Kumar For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Sri R.C. Thakur, learned counsel assisted by Sri Anil Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Bakhtiyarpur P.S. Case No. 440 of 2017 registered for offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner, at the very outset, has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. It has further been argued that nothing was recovered from conscious possession of the petitioner nor anything was recovered from the house of the petitioner. Learned counsel for the petitioner submits that from the F.I.R. itself, it is evident that

Patna High Court Cr.Misc. No.23544 of 2018(2) dt.23-04-2018 2/2 near a toilet, which was on the back side of the house, some bottles of Indian make foreign liquor was shown to be recovered. He submits that it was an open place and there was every possibility that some other person might have kept the same and petitioner, being house-owner, has been implicated in the present case. He further submits that considering the antecedent of the petitioner, it is evident that petitioner was never involved in such type of crime.

In view of facts and circumstances, particularly the fact that nothing was recovered from the conscious possession of the petitioner or house of the petitioner as well as clean antecedent of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Anuranjan Singh be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Special Judge of Excise, Saharsa in connection with Bakhtiyarpur P.S. Case No. 440 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T