Patna High CourtCR. MISC./39687/2017bail granted

Kalu Singh v. The State Of Bihar

2017-08-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39687 of 2017 Arising Out of PS.Case No. -198 Year- 2017 Thana -AJAMNAGAR District- KATIHAR ====================================================== Kalu Singh son of Opin Singh, resident of Village - Pindal, P.S. - Azamnagar (Salmari), District - Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard Sri Shivendra Prasad, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 03-06-2017 in Azamnagar (Salmari) P.S. Case No. 198 of 2017 registered for offence under Sections 30(A) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that on a complete illegal and irregular manner, the police officer conducted raid in the house of the petitioner, even after sun set without any search warrant, and seizure was made in violation of Section 100 of the Cr.P.C. and false recovery of about 30 litrs of country made liquor was shown and petitioner has been made accused. By way of referring to statement made in paragraph - 3 of the petition, it was submitted by learned counsel for the

Patna High Court Cr.Misc. No.39687 of 2017 (2) dt.19-08-2017 2/2 petitioner that petitioner is having clean antecedent. Considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner namely Kalu Singh 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.-II cum Special Judge (Excise), Katihar in connection with Azamnagar (Salmari) P.S. Case No. 198 of 2017.

(Rakesh Kumar, J.) Anay U T