Purusottam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26577 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictJEHANABAD ====================================================== Purusottam Singh, son of Sitaram Singh, Resident of Village- Jhunathi, P.S. Kinjar, District- Arwal.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shivendra Prasad, Advocate. For the Opposite Party : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 09.03.2017 in connection with Prosecution Report No. 09/2016-17, corresponding to Excise Case No. 29/17/91/17 for the offences instituted under Section 30(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that the Excise Officials got information that this petitioner has grown Ganja plant in the courtyard of his house. Then, the Excise Officials alongwith the deputed Magistrate raided the house of the petitioner and 07 Kg. of Ganja plant was recovered from his house in presence of

Patna High Court Cr.Misc. No.26577 of 2017 (3) dt.07-07-2017 2/2 deputed Magistrate and he was arrest on spot. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.03.2017 and the prosecution report has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has falsely been implicated in the present case. One plant of Ganja is said to have been recovered from the house of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the prosecution report. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.D.J. II-cumSpecial Judge, Arwal (Jehanabad), in connection with Excise Case No. 29 of 2017/91 of 2017, arising out of Prosecution Report No. 09/2016-17.

(Sudhir Singh, J) U.K./- U T