Sajan Kumar Singh @ Bhola Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Sajan Kumar Singh @ Bhola Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within six weeks, on bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each, to the satisfaction of the learned court below where Itarhi P.S. Case No. 288 of 2023 is pending, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in Itarhi P.S. Case No. 288 of 2023 registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, should be released on anticipatory bail.

Court's answer

In the event of the petitioner's arrest or surrender before the learned Court below within six weeks, the petitioner is to be released on anticipatory bail on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, in connection with Itarhi P.S. Case No. 288 of 2023, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court, Criminal Miscellaneous No.8791 of 2024 (decided 27-02-2024, Justice Satyavrat Verma). Applicant apprehended arrest in Itarhi P.S. Case No. 288 of 2023 (District Buxar) registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022; allegation of recovery of 45 litres of liquor from an auto and a motorcycle. Counsel submitted that the applicant was neither arrested from the spot nor the owner of the vehicle/motorcycle, was implicated only through the police-custody confessional statements of Ajit Kumar and Upendra Singh, and was a person of clean antecedent; the A.P.P. opposed. Held: in the event of arrest or surrender before the Court below within six weeks, the applicant to be released on anticipatory bail on a bail bond of Rs.500/- with two sureties of the like amount each, subject to the conditions of Section 438(2) Cr.P.C. Prayer allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8791 of 2024

Arising Out of PS. Case No.-288 Year-2023 Thana- ITARHI District- Buxar

======================================================

SAJAN KUMAR SINGH @ BHOLA SINGH Son of Bhikhari Singh Resident of Village-Lodhas, P.S.-Itarhi, District-Buxar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyapal Singh, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 27-02-2024

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 45 litres of liquor from an auto and a motorcycle as detailed in the FIR.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is neither the owner of the auto nor the seized motorcycle and came to be implicated based on the confessional statement of Ajit Kumar and Upendra Singh in police custody which does not have any

Patna High Court CR. MISC. No.8791 of 2024(2) dt.27-02-2024 2/2

evidentiary value in the eye of law when petitioner admittedly is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Itarhi P.S. Case No. 288 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J)

Kundan/-

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