Rama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6600 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Rama Singh, S/o Late Samu Singh, resident of village - Bistoul, P.S. Baikunthpur, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise (Amendment) Act, 2016.

The recovery of liquor was from the southern side of the bamboo orchard of the petitioner.

Submission is that the said place is neither of the petitioner nor anyone has said before the police that the petitioner was involved in the business of liquor. Hence, the offence, as alleged, under the Act is not attracted against the petitioner. Considering the aforesaid facts, let the petitioner,

Patna High Court Cr.Misc. No.6600 of 2017 (3) dt.21-04-2017 above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Gopalganj/Successor Court in connection with Baikunthpur P.S. Case No.131 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case. (Birendra Kumar, J) Arvind/- U T