Suman Singh @ Suman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85308 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- DHANKUND District- Banka ====================================================== SUMAN SINGH @ SUMAN KUMAR SINGH Son of Sri Ganesh Singh Resident of Village - Navchakia, P.S.- Dhankund, Distt - Banka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Section 30(a)(G), 32(2) of Bihar Prohibition of Excise Act, 2016.

Informant is the police officer who has alleged in his written complaint that while he was on vehicle checking duty on 07.08.2019 at about 2:00 PM one miscreant riding on motorcycle tried to escape on seeing police and he was chased when he parked his motorcycle in front of the house of Suman Singh (petitioner) and he was apprehended and 100 Pauch of 200ml. of country made liquor was recovered from the bag which was kept on the motorcycle.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.85308 of 2019(2) dt.07-01-2020 2/2 that he is innocent and has been falsely implicated in this case without any basis, on the statement made by Pinku Singh that he had brought this illicit liquor at the instance of petitioner. It has been further submitted that neither any illicit liquor has been recovered from his possession nor he was apprehended on the spot, as such, no offence under excise act is made out against him. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Dhankund P.S. Case No. 89 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T