Upadhyay Singh @ Upadhya Singh @ Upadhya Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4548 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Upadhyay Singh @ Upadhya Singh @ Upadhya Mahto s/o Sri Dukhi Singh @ Dukhi Mahto Village - Dahiyar,P.S.-SASARAM(T) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Sasaram (M) P.S. Case No. 195/2018, instituted for offence under Section(s) 414 of the Indian Penal Code read with Section 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that police arrested this petitioner and recovered motorcycle for which petitioner could not produce any paper. Smell of liquor was also coming from his mouth.

Learned counsel for the petitioner has submitted that no any case has been lodged by owner of aforesaid motorcycle stating that the motorcycle has been stolen. Petitioner has been made accused by the police merely on suspicion. There has been

Patna High Court Cr.Misc. No.4548 of 2019(2) dt.08-02-2019 2/2 no recovery from his possession.

Petitioner is in custody since 21.10.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. District & Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 195/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

From para 3 of bail petition it appears that other cases of Excise Act are pending against this petitioner. The petitioner will file affidavit at the time of filing bail bond that he would not indulge in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) rakhi/- U T