Sitaram Singh Kushwaha And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.27843 of 2016 (2) dt.14-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27843 of 2016 Arising Out of PS.Case No. -76 Year- 2016 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================
1. Sitaram Singh Kushwaha Son of Prayag Singh
2. Pintu @ Arbind Pratap Singh, s/o Late Rudra Pratap Singh, both resident of Village Paharia, P.S. Bhagwanpur, District Kaimur, at Bhabua. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-07-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Bhagwanpur P.S. Case No. 76 of 2016 registered under Section 47(A) of the Excise Act.
The accusation is that both petitioners and Banti Singh were apprehended by the police on motorcycle and on search, 44 bottles, each containing 180 ML, foreign made liquor was recovered from their possession.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that the alleged seized foreign made liquor was recovered near the Panchayat Bhawan of Pahariya not
Patna High Court Cr.Misc. No.27843 of 2016 (2) dt.14-07-2016 from the motorcycle of the petitioners. It is further submitted that petitioners were corssing over the Panchayat Bhawan on their motorcycle due to that reason they have falsely been implicated in this case mere on suspicion. It is further submitted that petitioners have no criminal antecedent and are in custody since 09.05.2016. Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Kaimur at Bhabua, in connection with Bhagwanpur P.S. Case No. 76 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T