Vikrant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9719 of 2023 Arising Out of PS. Case No.-1169 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Vikrant Singh, aged about 46 years, Gender-Male, Son of Rakesh Singh, Resident of 12 Ram Prasad Saha Lane, Kolkata, P.S.- Jorasoku, District - Kolkata (West Bengal).

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bhaskar Shankar, Advocate For the Opposite Party :

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Excise Case No. 1169 of 2019 dated 03.10.2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

4. As per the prosecution case, 560 litres of country made liquor, 18 litres of foreign liquor and 24 litres of beer total

Patna High Court CR. MISC. No.9719 of 2023(3) dt.02-01-2024 2/3 602 litres liquor were recovered from the Maruti Suzuki Car.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner has been made accused in the present case as the alleged car from which liquor was recovered is registered in the name of the petitioner. It is further submitted that the petitioner had already sold the said car on 18.12.2012 to Som Nath Bera, S/O Sri Dilip Bera, R/O 19, Bal Mukund Mackar Road, Kolkatta and since then the alleged car was in his possession and the petitioner has no concern with the alleged car, annexed as Annexure-2 to the bail application. No incriminating article has been recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. No case is made out against the petitioner.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. 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 anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like

Patna High Court CR. MISC. No.9719 of 2023(3) dt.02-01-2024 3/3 amount each to the satisfaction of learned court concerned, Aurangabad, in connection with Excise Case No. 1169 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T