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Patna High CourtCR. MISC./23528/2018bail granted

Amit Singh @ Amit Kumar Singh v. The State Of Bihar

2018-04-23Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23528 of 2018 Arising Out of PS. Case No.-19 Year-2018 Thana- DHANSORI District- Buxar ====================================================== Amit Singh @ Amit Kumar Singh , son of Ram Deo Singh, resident of Village - Dhansoi, Post Office- Dhansoi, Police Station - Dhansoi, DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parijat Saurav, Advocate For the Opposite Party/s :

Sri Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Sri Parijat Saurav, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Dhansoi P.S. Case No. 19 of 2018 , registered for the offence under Section 272, 273 of the Indian Penal Code, 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that to the reasons best known to the Police a search was conducted as if some secret information was received by the Police that petitioner and his father were indulged in selling of the Indian make foreign liquor and thereafter, a raid was

Patna High Court Cr.Misc. No.23528 of 2018(2) dt.23-04-2018 2/3 conducted in the house of the father of petitioner and in the said raid nothing could be recovered. Kirana shop of the father of the petitioner was also searched but there also no liquor was found. Subsequently, it was alleged as if in the palani, which was behind the shop Indian make foreign liquor was shown to be concealed and it was recovered and a plea was taken that petitioner with his father were indulged in selling of liquor. Learned counsel for the petitioner has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent and is a student and due to village politics he has been implicated along with his father in a case in which nothing was recovered from conscious possession of either petitioner or his father.

Considering the fact that nothing was recovered from the house of the petitioner or from the shop of petitioner's father, rather recovery was shown from a palani as well as the fact that petitioner is having clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Amit Singh @ Amit Kumar Singh be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II

Patna High Court Cr.Misc. No.23528 of 2018(2) dt.23-04-2018 3/3 -cum- Special Judge, Excise Act, Buxar / concerned court in connection with Dhansoi P.S. Case No. 19 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T