Patna High CourtCR. MISC./18389/2019bail granted

Dhrub Singh @ Dhruv Singh @ Dhrup Singh v. The State Of Bihar

2019-03-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18389 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- DARPA District- East Champaran ====================================================== DHRUB SINGH @ DHRUV SINGH @ DHRUP SINGH Son of Lakhan Singh R/o village- Tinkoni, P.S.- Darpa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 03.02.2019 in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from an open land situated in front of the hutment of the petitioner, 33.6 litres of Nepali country made liquor were recovered.

It is submitted by learned counsel for the petitioner that admittedly the recovery has not been made from the conscious physical possession of the petitioner, rather it has been recovered from an open place. A statement has been made in paragraph no.3 of the petition that the petitioner is not having

Patna High Court CR. MISC. No.18389 of 2019(2) dt.29-03-2019 2/2 any criminal antecedent.

Learned APP for the State submits that the recovery has been made from an open place adjacent to the hutment of the petitioner.

Considering the fact that the prosecution report does not suggest the recovery from the conscious physical possession of the petitioner coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned Special Judge, Excise, Motihari, East Champaran in connection with Darpa P.S. Case No.12 of 2019. (Dinesh Kumar Singh, J) Ashwini/- U T