Basant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24966 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ======================================================

1. Basant Singh son of Late Sukhlal Singh resident of Vukkage : Kochas Bazar Samiti, P.S. : Kochas, District : Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-06-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Excise Case No. 05 of 2016, disclosing offences under Section 47 (a) of the Bihar Excise Act. From the rice mill owned by the petitioner, 25 litres of country made liquor was recovered.

Learned Counsel for the petitioner has submitted that this is the first occasion when he has been implicated in a case under Section 47 (a) of the Bihar Excise Act. It has also been submitted that the petitioner's wife had a license of composite wine shop, for which she had deposited a sum of Rs. 2,00,000/-, as security. The

Patna High Court Cr.Misc. No.24966 of 2016 (2) dt.22-06-2016 2/2 Excise Officials, maliciously, lodged the complaint case as they had certain expectations for returning the said amount, learned Counsel contends.

Considering the submission, as above, this application is allowed.

Let the petitioner, Basant Singh, in the event of his arrest or surrender before the Court below within six weeks, 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 Sri Rishi Gupta, learned Judicial Magistrate, 1st Class, Sasaram (Rohtas), in connection with Excise Case No. 05 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √