Suddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20101 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Suddu Singh, Son of Surendra Singh, Resident of Village and P.O. - Kuari Madan ward no. 4 P.S.- Majorganj, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Mishra For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 30.01.2019 in a complaint case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the possession of the petitioner, 18 litres of Nepali liquor (Saufi) were recovered. It is submitted by learned counsel for the petitioner that merely on the basis of suspicion, the petitioner has been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is involved in one other case on which, he is in bail.

Learned APP submits that recovery has been made from the conscious physical possession of the petitioner.

Patna High Court CR. MISC. No.20101 of 2019(2) dt.02-04-2019 2/2 Considering the quantity of recovery and period under custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Complaint Case No.C2/46 of 2019. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T