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Patna High Court - Orders

Madhusudan Singh @ Madhusudhan Singh vs The State Of Bihar on 20 July, 2022

Author: Sunil Kumar Panwar

Bench: Sunil Kumar Panwar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25285 of 2022
                       Arising Out of PS. Case No.-276 Year-2021 Thana- PATEPUR District- Vaishali
                 ======================================================
                 MADHUSUDAN SINGH @ MADHUSUDHAN SINGH Son of Dular Singh
                 Resident of village - Maudahdih, P.S.- Patepur, District - Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rita Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
                                       ORAL ORDER

2   20-07-2022

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2018.

It is a case of recovery of foreign liquor from the Dalan of co-accused Dipak Kumar.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. It is submitted that it is astonishing that the same cause and same offence, both father and son have been implicated in this case which is not proper. In this case, co-accused Dipak Kumar, who is the son of this petitioner was getting the privilege of anticipatory bail by a Co-ordinate Bench of this Court passed in Patna High Court CR. MISC. No.25285 of 2022(2) dt.20-07-2022 2/2 Cr. Misc. No. 22503 of 2022. It is submitted that the seized place does not belong to this petitioner and he has not been apprehended at the spot. Petitioner has got no criminal antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No. 276 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/-

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