Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9356 of 2019 Arising Out of PS. Case No.-405 Year-2018 Thana- PIRO District- Bhojpur ====================================================== ASHOK SINGH, aged about 48 years, Male, S/o Shivmuni Singh, resident of village-Jantola, P.O-Jitaura Jangal Mahal, P.S-Piro, district Bhojpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Ganesh Prasad Singh, Adv.

For the Opposite Party :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2 18-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 16.12.2018 in connection with Excise Case No. 2291 of 2018 arising out of Piro P.S. Case No. 405 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 on secret information the house of the petitioner was raided and from inside the house and from the pien, 102 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, bears no criminal history and has been falsely implicated in the aforesaid case. Nothing has been recovered from his conscious possession and he is languishing in judicial custody since more than two months. It is, further, submitted that the seizure list has not been signed by the local witnesses, but, by the police officers themselves, which is in violation of Section 100 of the Criminal

Patna High Court Cr.Misc. No.9356 of 2019(2) dt.18-02-2019 2/2 Procedure Code. Petitioner, further, undertakes not to induce witnesses or tamper with the prosecution evidence. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail, on completion of four months in custody, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No. 2291 of 2018 arising out of Piro P.S. Case No. 405 of 2018 to the satisfaction of the learned Special Judge, Bhojpur at Ara, 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. (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