Anuj Kumar Singh @ Tutu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13492 of 2019 Arising Out of PS. Case No.-487 Year-2018 Thana- KUDRA District- Kaimur (Bhabua) * ====================================================== ANUJ KUMAR SINGH @ TUTU SINGH, Male, aged 27 years, Son of Gokhul Singh Mahto @ Gokul Prasad Singh, Resident of Village- Rampur, P.S.- Kudra, District- Kaimur, Bhabhua ... Petitioner

Versus

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

For the Petitioner :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 02.02.2019 in connection with Excise Case No. 971 of 2018 arising out of Kudra P.S. Case No. 487 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on information that miscreants are carrying illicit liquor in the motorcycle, police conducted a raid and three persons managed to flee away throwing the illicit liquor in the paddy field leaving the two motorcycles. On enquiry, from the local villagers the name of the petitioner and two others were revealed and 95.940 liters of illicit liquor was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and

Patna High Court CR. MISC. No.13492 of 2019(2) dt.08-03-2019 2/2 nothing has been recovered from his conscious possession. He submits that two of the co-accused, named along with the petitioner has since been granted pre-arrest bail by this Court in Cr. Misc. No. 2806 of 2019, dated 22.01.2019, and the petitioner is languishing in judicial custody since more than one months. He, further, undertakes to cooperate in the investigation, not to induce witnesses or tamper with the prosecution evidence.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No. 971 of 2018 arising out of Kudra P.S. Case No. 487 of 2018 to the satisfaction of the learned Special Judge, Excise, Kaimur at Bhabhua. (Nilu Agrawal, J) Shamshad/- U T