Bipin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34058 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bipin Singh S/O Late Ram Surat Singh, Resident of Village- Semara, P.S.- Dhaka, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 272, 273 of the Indian Penal Code and 47 and 54 of the Bihar Excise Act, 2016.

205 bottles Nepali liquor containing 300 ml each are said to have been recovered from possession of the petitioner and co-accused.

Submission on behalf of the petitioner is that nothing was recovered from conscious possession of the petitioner and even if the aforesaid facts are assumed to be true, then also, the said recovery has been made from joint possession.

Patna High Court Cr.Misc. No.34058 of 2016 (2) dt.19-08-2016 2/2 Considering the quantity of recovery made from possession of the petitioner and co-accused, I am not inclined to release the petitioner on bail at least at this stage and, accordingly, his prayer for bail in connection with Kundwa Chainpur P.S. Case No.45 of 2016 pending in the court of Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran stands rejected. However, petitioner may renew his prayer for bail after three months, if the trial is not concluded within the above stated period. (Hemant Kumar Srivastava, J) N.H./- U T