Ashu Ranjhan Singh @ Musaharwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44532 of 2018 Arising Out of PS. Case No.-144 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== Ashu Ranjan Singh @ Musaharwa Son of Ravindra Singh @ Ravindra Prasad Singh Resident of Village - Sirua, P.S. - Baheri, District - Darbhanga (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bahadurpur P.S. Case no. 144 of 2018 registered under Section 30(a), of Bihar Excise and Prohibition Act-2016. 158.12 lts. of foreign liquor is said to have been recovered from the orchard of Phulo Singh which is said to have been kept there by the petitioner and other accused persons. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. The place of recovery is open place and easily accessible to anyone. He

Patna High Court Cr.Misc. No.44532 of 2018(2) dt.24-07-2018 2/2 was not apprehended on the spot. He has been falsely implicated in this case at the instance of his enemy. The identity and genuineness of source of information has not been mentioned in the self statement of informant. Though, one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 7.06.2018. Similarly situated co-accused, namely, Dilip Sah has been enlarged on bail by this Court vide order dated 18.07.2018 passed in Cr. Misc. no. 43306 of 2018. In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned 4th Addl. Sessions Judge-cum-Special Judge, Excise, Darbhanga in connection with Bahadurpur P.S. Case no. 144 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T