Bhimsen Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76466 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- DHANAHA District- West Champaran ====================================================== Bhimsen Singh S/o- Nagina Singh Village- Mokari W.No-8, Ps- Dhanha DistWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sharma, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Dhanha P.S. Case No. 60 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3.

As per prosecution case, there is recovery of 129.6 litres of English wine from the bag loaded on the motorcycle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the recovered liquor. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.76466 of 2024(2) dt.25-10-2024 2/2 petitioner. There is no compliance of Section 100 of the Cr.P.C. Petitioner bears no criminal antecedent. Other co-accused has been granted regular bail by this Court vide order dated 20-09-2024, passed in Cr. Misc. No. 65533 of 2024. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let 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.10,000/- (Rupees Ten Thousand) 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 Dhanha P.S. Case No. 60 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T