Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3720 of 2023 Arising Out of PS. Case No.-82 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== SUNIL SINGH Son of Yamuna Singh R/v- Dalippur, P.S.- Dhangai, DistrictBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Altogether 370.800 litres of foreign liquor has been recovered from the Bolero and petitioner is the owner and driver of the said Bolero.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner rather illicit liquor is said to have been recovered from Bolero. Petitioner has no concern

Patna High Court CR. MISC. No.3720 of 2023(2) dt.20-03-2023 2/3 either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. The name of the petitioner has been transpired in this case on the basis of the ownership of the alleged Bolero. It is further submitted that the said Bolero vehicle has already been sold on 01.12.2021 and a sale letter has been prepared in the name of purchaser Sujit Kumar. Petitioner handed over the said vehicle to Sujit Kumar. Petitioner was not apprehended on the spot. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Petitioner is agreed to deposit a sum of Rs. 25,000.00 (Rupees Twenty Five Thousand) in account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties

Patna High Court CR. MISC. No.3720 of 2023(2) dt.20-03-2023 3/3 of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Buxar Excise P.S. Case No. 82 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) divyanshi/- U T