Ram Nandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76178 of 2019 Arising Out of PS. Case No.-39 Year-2018 Thana- GOVINDPUR District- Nawada ====================================================== RAM NANDAN SINGH Son of Late Ramswarup Singh Resident of Village - Saidi, P.S.- Katrisarai, Distt.- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Govindpur P.S. Case No. 39 of 2018, registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation made in the F.I.R., after seeing the police personnel, five accused persons on different motorcycles managed to escape. It is further submitted that from one of the motorcycles, about 60 litres of country liquor was recovered. The application for bail is opposed by the learned APP for the State.

It is submitted by learned counsel for the petitioner that much prior to the occurrence, in the year 2013 itself, the petitioner had sold the said motorcycle to one Nishant kumar,

Patna High Court CR. MISC. No.76178 of 2019(2) dt.25-11-2019 2/2 which would be evident from Annexure-2 and further the Sarpanch of the village has also certified to that effect. It is further submitted that it appears that the said Nishant Kumar has not taken steps for its registration. In any case the petitioner was neither caught at the place of occurrence nor is said to be one of the persons, who escaped from the place of occurrence. The petitioner has no criminal antecedent.

In view of the facts and circumstances stated hereinabove, the above named petitioner is directed to surrender in the court below within a period of six weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Nawada in connection with Govindpur. P.S. Case No. 39 of 2018, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T