Kaushal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11567 of 2020 Arising Out of PS. Case No.-187 Year-2019 Thana- KUTUMBA District- Aurangabad ====================================================== Kaushal Singh , aged about 55 years, Male, Son of Late Ramdas Singh Resident of Village - Matpa, P.S.- Kutumba, District - Aurangabad. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Pandey For the Opposite Party/s :
Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-06-2020 Heard Mr. Santosh Kumar Pandey, learned counsel for the petitioner and Mrs. Renu Kumari, learned counsel appearing for the State through video conferencing. The petitioner apprehends his arrest in connection with Kutumba P.S. Case No. 187 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
The allegation against the petitioner is that Police on the basis of secret information raided the house of the petitioner and one Santosh Kumar Singh. The Police arrested Santosh Kumar Singh and recovered a total quantity of 12 liters of country made liquor from a room situated near the cow- shed of the house of Santosh Kumar Singh.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.11567 of 2020(3) dt.12-06-2020 2/3 petitioner has falsely been implicated in this case inasmuch as from perusal of the seizure list, it would be evident that the alleged illicit liquor has been recovered from the cow- shed of one Santosh Kumar Singh and the petitioner, being brother of the said Santosh Kumar Singh has falsely been dragged in this case. Learned counsel further submits that no illicit liquor has been recovered from conscious possession of the petitioner or the premises belonging to him.
Having regard to the submissions made by the parties and taking into consideration the fact that from perusal of the seizure list it appears that the illicit liquor has been recovered from a room situated near the cow- shed of Santosh Kumar Singh, I am inclined to grant anticipatory bail to the petitioner. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII - cum-Special Judge (Excise ), Aurangabad in connection with Kutumba P.S. Case No. 187 of 2019, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.
Patna High Court CR. MISC. No.11567 of 2020(3) dt.12-06-2020 3/3 It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U T