Santosh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28073 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Santosh Singh S/o Late Parash Nath Singh, R/o Vill.- Majharia, P.S.- Buxar (Ind), District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bachan Jee Ojha For the Opposite Party/s :
Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Buxar (Ind) P.S. Case No. 43 of 2018 for offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that the straw hut of the petitioner and one other co-accused Subodh Yadav was searched and from beneath the straw 33.48 litres of illicit liquor was recovered, and, 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, the straw hut belongs to the co-accused Subodh Yadav and he lives
Patna High Court Cr.Misc. No.28073 of 2018(2) dt.11-05-2018 2/2 15 kilometers away. He submits that nothing has been recovered from his conscious possession and he is languishing in judicial custody since 03.04.2018.
However, learned APP for the State 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 A.D.J.-IInd cum Special Judge (Excise), Buxar, in connection with Buxar (Ind) P.S. Case No. 43 of 2018. (Nilu Agrawal, J) Rajesh/- U T