Hari Singh @ Bagha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89792 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- Karnamepur District- Bhojpur ====================================================== Hari Singh @ Bagha SIngh S/o- Suresh Singh Village- Ishwarpura P.SKarnamepur District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bibhakar Tiwary, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-01-2025 Heard Mr. Bibhakar Tiwary, learned counsel for the petitioner and Mr. Sanjay Kumar, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Karnamepur P.S. Case No. 36/ 2024 dated 30.09.2024 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition & Excise Act.

3. As per prosecution case, this petitioner along with other accused persons fled away from the place of occurrence after leaving a Bolero vehicle bearing registration JHC1U 2683 from which 338.40 litres of foreign liquor was recovered. The local Chowkidar disclosed the name of the petitioner as one of the persons who were involved in the crime and also fled away from the place of occurrence.

4. The main submissions advanced by learned counsel

Patna High Court CR. MISC. No.89792 of 2024(2) dt.08-01-2025 2/3 for the petitioner are that the petitioner has been made accused in the instant FIR mainly on the basis of disclosure made by the local Chowkidar while he has no connection with the seized liquor as well as the vehicle and there is no evidence against him to show his involvement in the alleged recovery except the disclosure made by the local Chowkidar as well as his criminal antecedents.

5. Learned APP appearing for the State has opposed the bail prayer of the petitioner .

6. Heard both the sides and perused the FIR.

7. The instant matter relates to the recovery of 338.40 litres of foreign liquor from a Bolero vehicle and as per the allegation, the petitioner was also involved with the co-accused persons in smuggling and trafficking the alleged liquor and upon seeing the police party he managed to escape though, he has been made accused mainly on the basis of secret information and disclosure made by the local Chowkidar but petitioner has criminal antecedents of four cases out of which two relate to the offence under Excise Act and the case is under investigation, so, in view of these facts as well as considering the provision under section 76(2) of the Bihar Prohibition & Excise Act, this court is not inclined to grant the relief of anticipatory bail to the

Patna High Court CR. MISC. No.89792 of 2024(2) dt.08-01-2025 3/3 petitioner. Accordingly, his prayer stands rejected. (Shailendra Singh, J) BKS/- U T