Bayash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76032 of 2024 Arising Out of PS. Case No.-560 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Bayash Singh S/o Late Chandra Dev Singh Resident of Rajendra Nagar, Ward No 22, Manikpur, PS- Gopalganj Town, District- Gopalganj Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhangi Pandey, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Gopalganj P.S. Case no. 560 of 2020 instituted for the offence under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution is that from a bike, altogether 34 liter of liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner has not been surfaced in the

Patna High Court CR. MISC. No.76032 of 2024(2) dt.25-11-2024 2/2 FIR. It is also submitted by the learned counsel for the petitioner that petitioner is the owner of the said bike which was already sold in the year 2019. Petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioner. 6 . Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Gopalganj P.S. Case No. 560 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-XIII-cum-Special Excise Court No. 1, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T