Anirudh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8733 of 2019 Arising Out of P.S. Case No.-732 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Anirudh Singh, aged about 25 years, Male, Son of Bashishtha Singh R/o village- Bhaluwaha, P.S- Raxaul ( O.P. Haraiya), District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 20.12.2018 in connection with Excise Case No.732 of 2018 for the offence alleged under Section 30(a) of the Bihar Excise Act, 2016.

The prosecution case as lodged by the Excise Officials that during patrolling duty, they apprehended the petitioner coming on a motorcycle from Indo Nepal Boarder and from his possession 36 litres of Nepali wine contained in a bag was recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent and has never indulged in an

Patna High Court Cr.Misc. No.8733 of 2019(2) dt.14-02-2019 2/2 offence of similar nature. He further submits that nothing has been recovered from the conscious possession of the petitioner and he is languishing in judicial custody since nearly two months. Petitioner undertakes not to induce witnesses or tamper with the prosecution evidence.

However, learned APP 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.732 of 2018 to the satisfaction of learned Special Judge Excise, Motihari, East Champaran, subject to the condition that 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.

(Nilu Agrawal, J) B.Kr./- U T