Anjani Kumar Singh @ Prabhu Ji @ Anjani Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3433 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Anjani Kumar Singh @ Prabhu Ji @ Anjani Kumar Sinha, Male, aged about 58 years, son of Late Bodhan Singh, resident of Village - Naokothi, P.S. Naokothi, district Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Shubhesh Pandey, Adv.

For the Opposite Party :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 19.10.2018 in connection with Naokothi P.S. Case No. 105 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during night patrolling he got secret information that the petitioner is selling illicit wine from the house of his brother-in-law, Baua Singh. On reaching the house the petitioner was found sleeping out side the door and on search from the house 44.280 liters of Indian made foreign liquor was recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, the house where the illicit liquor was found does not belong to him and nothing has been

Patna High Court Cr.Misc. No.3433 of 2019(2) dt.25-01-2019 2/3 recovered from his conscious possession. It is, further, submitted that although one case is pending against the petitioner under Section 302 of the Indian Penal Code as well as under the Arms Act the petitioner has already been acquitted in the said case and the said case was of the year 2005. Apart from that the petitioner does not bear any criminal antecedent. He, further, submits that the charge sheet has already been submitted, there being no allegation of tampering of the prosecution witnesses.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the period of custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Naokothi P.S. Case No. 105 of 2018 to the satisfaction of the learned Additional Sessions Judge II-cumSpecial Judge, Excise Act, Begusarai, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

Patna High Court Cr.Misc. No.3433 of 2019(2) dt.25-01-2019 3/3 (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T