Arjun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84679 of 2019 Arising Out of PS. Case No.-479 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Arjun Singh Son of Late Ramphal Singh Resident of Village - Mahua Singh Rai Paschimi Tola, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Paswan For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in a case registered for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the FIR, 41 litres of IMFL is said to have been recovered in course of being unloaded from a pick-up van in a land of the petitioner. It is stated that two persons were arrested who stated that they do the business of illicit liquor with the assistance of this petitioner. It is submitted by learned counsel for the petitioner that the allegation of recovery of the alleged liquor from the land of the petitioner is false and concocted and no such recovery has taken place. Besides the confessional statement of

Patna High Court CR. MISC. No.84679 of 2019(2) dt.19-12-2019 2/2 the co-accused before the police which has no evidentiary value there is no other material against the petitioner and the petitioner has no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact that the petitioner was neither arrested at the spot nor the petitioner has any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the court below within a period of six weeks from today in connection with Mahua P.S. Case no. 479 of 2019 is directed to 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 the learned Addl. Sessions Judge II-cum-Excise Court, Vaishali at Hajipur subject to the conditions as laid down in section 438(2) of Criminal Procedure Code. (Partha Sarthy, J) Prakash/- U