Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58830 of 2017 Arising Out of PS.Case No. -223 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Manoj Singh Son of lal Bahadur Singh Resident of Village- Olipur, Police Station- G.B. Nagar, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the State : Mr. Md. Arif, APP ====================================================== 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 G.B. Nagar P.S. Case No. 223 of 2017 instituted for the offences under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(A), 36 and 38 of the Bihar Prohibition Excise Act, 2016. The allegation is regarding recovery of 1534 litres of illicit liquor from the incomplete and un-constructed house of the petitioner.

The learned counsel for the petitioner submits that since the petitioner was not living in the house, he is not liable for the alleged recovery since the house was also incomplete and was under construction. It is further submitted that the petitioner has a

Patna High Court Cr.Misc. No.58830 of 2017 (2) dt.22-12-2017 2/2 clean antecedent and he is in custody since 07.09.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 1,00,000/- (rupees one lakh) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Siwan in connection with G.B. Nagar P.S. Case No. 223 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T