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Patna High CourtCR. MISC./68265/2018disposed

Birendra Singh v. The State Of Bihar

2018-11-28Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68265 of 2018 Arising Out of PS. Case No.-242 Year-2018 Thana- ADAPUR District- East Champaran ====================================================== Birendra Singh, S/o Shyam Ram Singh, R/o Village- Laxmipur Bhawanpur, P.S.- Adapur, Dist.- 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. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Adapur P.S. Case No. 242 of 2018 registered for the offences punishable under Section 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 60 liters Nepali liquor.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to highhandedness of police. Nothing has been recovered from the house of the petitioner. He is in custody since 25.08.2018.

Patna High Court Cr.Misc. No.68265 of 2018(2) dt.28-11-2018 2/2 Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage. However, after six months of custody the petitioner shall be enlarged on bail by the court below 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, East Champaran, Motihari in connection with Adapur P.S. Case No. 242 of 2018.

Accordingly, this Criminal Miscellaneous is here by disposed of.

(S. Kumar, J) Rajiv/ManojU T