Raushan Singh @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10659 of 2019 Arising Out of PS. Case No.-236 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== RAUSHAN SINGH @ RAUSHAN KUMAR S/o Arjun Singh Resident of Village- Barauni, P.S.- Teghra, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 19.01.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise, Act, 2016.

It is alleged that on 26.06.2018, the informant being the S.I. of Police received a secret information that foreign liquor is being unloaded at a particular place by Raushan Kumar, the petitioner before this Court, co-accused Gorelal Mahto and Nirmata Kumar, whereupon a raid was laid. On search, from the house of the petitioner 18 litres of IMFL and from the Brinjal field of co-accused Neelam Devi and Gayatri Devi, 266.205 litres of IMFL were recovered.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.10659 of 2019(2) dt.22-02-2019 2/2 that the said recovery has been made from the joint family house of the petitioner. It is further submitted that co-accused Neelam Devi and Gaytri Devi have been granted bail by a coordinate Bench of this Court vide order dated 02.08.2018, passed in Criminal Miscellaneous No. 47259 of 2018. It is further submitted that though the petitioner is accused in one other case of similar nature, but in that case he is on bail. Learned APP for the State submits that the recovery has been made from the house of the petitioner and he is named in the FIR.

Considering the material on record does not suggest that the sample of seized material has been transmitted to FSL for its chemical examination and in view the fact that co-accused have been granted bail, let the above named petitioner 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 learned Additional Sessions Judge-II, Begusarai-cum-Special Judge (Excise) in connection with Teghra P.S. Case No. 236 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T