Patna High CourtCR. MISC./59111/2017bail granted

Saroj Singh v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59111 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -HATHAURI District- MUZAFFARPUR ======================================================

1. Saroj Singh S/o Ramchandra Singh, R/o Village- Dhanaur, P.S.- Katra, Distt.- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajan, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hatauri P.S.Case No. 47 of 2017 instituted for the offence punishable under Sections 272, 273 and 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 1278 liters of different brand of illicit foreign liquors from the truck and Bolero vehicles.

Learned counsel for the petitioner submits that the petitioner is said to have been arrested later on but not from the spot. It is also submitted that the petitioner is neither a driver nor the owner of the vehicles and he has got nothing to do with the

Patna High Court Cr.Misc. No.59111 of 2017 (2) dt.22-12-2017 2/2 alleged recovery. It is further submitted that the petitioner is accused in one another case on same and similar allegation and the petitioner is said to be in custody since 23.09.2017. Considering the nature of accusation and period of custody undergone, I deem it fit and appropriate to direct the release of the petitioners. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 1,00,000/- ( one lakh) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Hathauri P. S. Case No. 47 of 2017. It is further directed that the petitioner shall be present on each and every date fixed before the learned Trial Court and on two consecutive defaults, the present privilege of bail shall stand cancelled automatically and the petitioner would be taken into custody forthwith.

(Mohit Kumar Shah, J) Sudha/- U T