Chinta Haran Singh @ Chinta Haran Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73488 of 2023 Arising Out of PS. Case No.-210 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== CHINTA HARAN SINGH @ CHINTA HARAN KUMAR SINGH SON OF LABEDA SINGH RESIDENT OF VILLAGE - BAIJU TOLA, PSREVILGANJ, DISTT - SARAN AT CHAPRA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Advocate For the Opposite Party/s :
Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
4. Allegation is of recovery of 10 litres of liquor from a shop and 40 litres of liquor from a motorcycle.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is neither the owner of the shop nor the motorcycle in question and he came to be implicated by the
Patna High Court CR. MISC. No.73488 of 2023(3) dt.20-02-2024 2/2 local villagers but then the FIR does not disclose the name of the villagers who disclosed the name of the petitioner which casts as aspersion on the case of the prosecution when admittedly petitioner is a person with clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Revilganj P.S. Case No. 210 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T