Patna High CourtCR. MISC./662/2017bail granted

Brijnandan Singh v. The State Of Bihar

2017-01-11Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.662 of 2017 Arising Out of PS.Case No. -67 Year- 2016 Thana -KARAI PARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Brijnandan Singh, s/o Late Jagawan Singh, resident of Village- Mahadi Nagar, P.S.- Karay Parshuray, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Suneil Kumar Thakur, Advocate For the Opposite Party : Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in custody since 24.10.2016 in connection with Karay Parshuray P.S.Case No.67 of 2016 for offence alleged under Sections 47(a), 47(e) and 48(2) of the Excise Act, 2016.

The allegation against this petitioner is that he used to manufacture illegal country made wine and at the time of conducting raid, 50 litres wine and other materials meant for manufacturing wine recovered from the orchard. It has been submitted by the learned counsel for the petitioner that the petitioner is aged about 75 years and he had taken land of one Hari Narayan Singh on Batai adjoining to the land wherein the wine

Patna High Court Cr.Misc. No.662 of 2017 (2) dt.11-01-2017 2/2 was being manufactured. He further submits that the petitioner was neither apprehended at the spot nor any incriminating article has been recovered from the conscious possession of the petitioner. He further submits that the petitioner remained in jail custody for more than two months However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. In the facts and circumstances of the case, the prayer for bail is allowed.

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 Sri S.Singh, learned Judicial Magistrate, Ist Class, Hilsa (Nalanda) in connection with Karay Parshuray P.S.Case No.67 of 2016. (Sanjay Kumar, J) B.Kr./- U T