Mithu Singh @ Mithu Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16563 of 2020 Arising Out of PS. Case No.-35 Year-2020 Thana- BARBIGHA District- Sheikhpura ====================================================== Mithu Singh @ Mithu Sardar, Son of Ramchandra Prasad Singh Resident of Village - Maur, P.S.- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-06-2020 Heard Mr. Bipin Kumar, learned Advocate for the petitioner and Mr. Parmanand Kumar, APP for the State.

The petitioner seeks bail in connection with Barbigha P.S. Case No. 35 of 2020 dated 15.02.2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears from the prosecution report that 13.5 litres of liquor has been recovered from the open field stated to be that of the petitioner.

The petitioner is in custody since 16.02.2020. It has been urged that the recovery is from an open field and not from the conscious possession of the petitioner.

Considering the nature of accusation against

Patna High Court CR. MISC. No.16563 of 2020(3) dt.03-06-2020 2/2 the petitioner and his period of custody, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District and Sessions Judge, Sheikhpura in connection with Barbigha P.S. Case No. 35 of 2020. (Ashutosh Kumar, J) krishna/- U T