Umesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6366 of 2017 Arising Out of PS.Case No. -219 Year- 2016 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Umesh Singh, Son of Ram Keshwar Singh, Resident of Village-Badaukhar, P.S. Haspura, District-Aurangabad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 29.12.2016 in connection with Daudnagar P.S. Case No. 219/16 for offences punishable under Sections 47, 47(A) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case is that the police on patrolling duty searched the luggage compartment of the bus and found 10 bottles of whisky, each containing 1 litre, which the bus conductor stated that the same belongs to the petitioner, and, accordingly, seizure-list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and
Patna High Court Cr.Misc. No.6366 of 2017 (2) dt.03-03-2017 2/2 nothing has been recovered from his conscious possession. It is submitted that the alleged bottles of whisky was recovered from the luggage compartment of the bus and the conductor of the bus has falsely implicated the petitioner.
However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 S.D.J.M., Daudnagar, Aurangabad in connection with Daud Nagar P.S. Case No. 219/2016.
(Nilu Agrawal, J) Rajesh/- U T