Dewanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79844 of 2024 Arising Out of PS. Case No.-188 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Dewanand Singh, Son of Bipin Bihari Singh, Resident of Village- Chanda Kewatiya, P.S.- Bihiyan District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bibhakar Tiwary, Advocate For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and Mrs. Sharda Kumari, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ara Sadar Excise P.S. Case No. 188 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution 'in short' is that altogether 69.120 liters of illegal foreign liquor was recovered from a car. The car was being driven by one Dharmendra Thakur. Petitioner is the owner of the car.

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

Patna High Court CR. MISC. No.79844 of 2024(2) dt.05-12-2024 2/2 case. Nothing has been recovered from his possession. He has given his car to his co-villager on an emergency call. He has got no knowledge or information regarding the seizure. He is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed 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 Ara Sadar Excise P.S. Case No. 188 of 2024, 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 Exclusive Special Excise Judge, Excise Court No.II, Bhojpur, Ara, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T