Vidya Bhusan @ Munchun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10620 of 2019 Arising Out of PS. Case No.-397 Year-2017 Thana- NAWADA District- Nawada ====================================================== Vidya Bhusan @ Munchun Singh (Male), aged about 35 years, Son of Late Vijay Singh, Resident of Village - Pathara English, P.S.- Muffasil, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan Kumar For the Opposite Party/s :
Mr. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 19.12.2018 in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case is that on a secret information, a raid was laid on the godown of Rakesh Singh from which, 432 litres of Indian made foreign liquor were recovered. It is further alleged that 5 persons escaped from the scene on seeing the police personnel and the name of the petitioner was suggested by local people.
It is submitted by learned counsel for the petitioner
Patna High Court Cr.Misc. No.10620 of 2019(2) dt.22-02-2019 2/2 that there is no recovery from the conscious physical possession of the petitioner. A statement has been made in paragraph no. 3 of the petition that the petitioner is involved in three other cases including one case of Excise Act.
Learned APP for the State submits that the name of the petitioner was suggested by the local people, as a person, who was indulged in the trade of illicit liquor. Considering the fact that the accusation does not suggest recovery from the conscious physical possession of the petitioner and period under custody, 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 ADJ-II-cum-Special Judge, Nawada in connection with Nawada P.S. Case No.397 of 2017. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T