Lootan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62330 of 2017 Arising Out of PS.Case No. -187 Year- 2017 Thana -RAFIGANJ District- AURANGABAD ====================================================== Lootan Singh, Son of Manoj Singh, resident of Village- Kona, P.S.- Rafiganj, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari, Advocate. For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Rafiganj P.S. Case No. 187 of 2017 registered under Sections 30(A), 38(I) and 38(II) of the Bihar Prohibition and Excise Act, 2016.

15 litres of foreign liquor is said to have been recovered from the Scorpio parked at the door of Manoj Singh and 542 litres of foreign liquor recovered from the house of Manoj Singh. As per the villagers, Sushil Singh, Manoj Singh, Lootan Singh and Dablu Singh are indulged in illegal trade of liquor. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. The petitioner was not

Patna High Court Cr.Misc. No.62330 of 2017 (3) dt.24-01-2018 2/2 apprehended on the spot. He has neither any concern with Manoj Singh nor any other named accused persons in the occurrence nor with the seized liquor. He has also no concern with any trade of liquor. He has no criminal antecedent. He has been languishing in custody since 18.11.2017. Co-accused Manoj Singh has been enlarged on bail by a co-ordinate bench of this court vide order dated 18.01.2018 passed in Cr. Misc. No. 356 of 2018. Considering the facts aforesaid, 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 Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Rafiganj P.S. Case No. 187 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T