Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34755 of 2017 Arising Out of PS.Case No. -173 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bhola Singh son of Julum Singh, Resident of Village- Jangiraha, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 20.04.2017 in connection with Ghorasahan P.S. Case No. 173 of 2017 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30A of the Bihar Prohibition and Excise Act.

The prosecution case, as lodged by the police personnel, is that on a secret tip-off that the petitioner is carrying on sale of liquor, his house was raided and the petitioner was apprehended. In the house 9 litres of Nepali Saufi wine was recovered. Accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.34755 of 2017 (2) dt.04-08-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession. He submits that there is non-compliance of the provisions of Section 100 of the Cr.P.C.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 173 of 2017.

(Nilu Agrawal, J.) Arjun/- U T