Om Prakash Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.3533 of 2017 (2) dt.27-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3533 of 2017 Arising Out of PS.Case No. -170 Year- 2016 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Om Prakash Singh Son of late Kisun Singh Resident of Village- Lohan Dumaria, P.S. Bhiya, District- Arrah.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Daudnagar P.S. Case No. 170 of 2016 registered for the offence punishable under Section 30 (Gh) of Bihar Prohibition & Excise Act, 2016. Allegedly, the petitioner driving the pick-up van loaded with 40 quintals of Mahua was apprehended and after interrogation the petitioner told that Mahua is of Ajay Sao which was loaded at Hariharganj and was to bring at Patna. However, no paper was produced regarding the said Mahua.

Submission is of false implication and that no offence as alleged is made out, Mahua flower is transportable item and without any fault the petitioner is suffering in custody since 17.10.2016 and as such the petitioner deserves sympathetic consideration to which the learned APP does not oppose.

Patna High Court Cr.Misc. No.3533 of 2017 (2) dt.27-02-2017 In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Daudnagar in connection with Daudnagar P.S. Case No. 170 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T