Gulab Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9667 of 2019 Arising Out of PS. Case No.-279 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== GULAB SINGH S/o Saheb Singh R/o Village- Rahuwa, P.S.- Sahebpur Kamal, dist- begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is in custody in connection with Sahebpur Kamal P.S. Case No. 279 of 2018 for the offence under Section 30 (a), 32 (3), 35 (c) and 36 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He further submits that in the instant case total 91.80 liters country made foreign liquor was seized. He further submits that petitioner was not named in the FIR, his name surfaced subsequently. The liquor was seized from the abandoned house of one Umesh singh. Learned counsel for the petitioner next contended that nothing was

Patna High Court Cr.Misc. No.9667 of 2019(2) dt.18-02-2019 2/2 recovered from the conscious possession or from the house of the petitioner, it is alleged that there is no chemical test report in any lab to established the seized materials was liquor. He submits that petitioner is in custody since 19.12.2018. Considering the fact that the petitioner has no criminal antecedent and he is in custody since 19.12.2018, let the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge -IInd Cum Special Judge, Excise, Act, Begusarai in connection with Sahebpur Kamal P.S. Case No. 279 of 2018. (Anil Kumar Upadhyay, J) T.Kr./- U T