KRISHNA SINGH v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Shiv Prasad Gupta, Advocate Mr. Sanjay Kumar, APP ORAL ORDER 2 24-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 132.180 liters of liquor from a car. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted petitioner is not the owner of the seized vehicle and Patna High Court CR. MISC. No.32315 of 2023(2) dt.24-05-2023 he came to be implicated by the chowkidar. It is next submitted that it appears that chowkidar in order to save real culprits falsely implicated the petitioner, when admittedly he is a person with clean antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barahara (Krishnagarh) P.S. Case No. 31 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Adnan/- U T
Precedent status how later indexed judgments have treated this case
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