Uday Narayan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.43463 of 2015 (2) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43463 of 2015 Arising Out of PS.Case No. -126 Year- 2015 Thana -BRAHMPUR District- BUXAR ====================================================== UDAY NARAYAN SINGH, SON OF JAG NARAYAN SINGH, RESIDENT OF VILLAGE - BARKA NUAON, P.S.- BUXAR (MUFFASIL), DISTRICT - BUXAR .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Brahmpur (Krishna Brahm) P.S. Case No. 126 of 2015 registered under Section 47A of the Excise Act.

The allegation of informant, Abhawas Prasad, is that when he along with others returning from the market, in the way, two persons on a motorcycle bearing registration no. BR-44B3585 carrying five boxes having 220 bottles each containing 200 ml country made liquor. On query, both persons fled away leaving his motorcycle and country made liquor. Later on, on the information of the informant police seized the said motorcycle and country made liquor.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.43463 of 2015 (2) dt.14-10-2015 petitioner is the owner of the seized motorcycle, in fact, Raju Kumar, brother-in-law of the petitioner, had taken the motorcycle of the petitioner for some purpose, who is the salesman at the wine shop of Vinod Shankar Rao, had left the motorcycle at the place of occurrence and petitioner has no concern with the seized country made liquor.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Barhampur (Krishna Brahm) P.S. Case No. 126 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T