Pintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38339 of 2016 Arising Out of PS.Case No. -158 Year- 2016 Thana -HISUA District- NAWADA ====================================================== Pintu Singh, S/o Ram Pravesh Singh, Resident of Village- Sakra, P.S.- Hisua, District- Nawada.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

19-09-2016 Heard Sri Arvind Kumar Singh, learned counsel for the petitioner and Sri Ram Anurag Singh, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Hisua P.S. Case No. 158 of 2016 registered for offence under Section 47(a) of Bihar Excise (Amendment) Act, 2016, has prayed for grant of bail in the event of arrest or surrender. It was submitted by learned counsel for the petitioner that on false accusation of recovery of huge quantity of foreign liquor to the tune of about 96 litre, the petitioner has been made accused. He submits that ofcourse, in the F.I.R., it was alleged that from behind campus of the petitioner recovery was effected, fact remains that land from where it was recovered, that was Aam

Patna High Court Cr.Misc. No.38339 of 2016 (3) dt.19-09-2016 2/2 Rasta. He further submits that none of the villagers have supported the prosecution case and even on the seizure list, none of the villagers had come forward as witness.

Learned Addl. Public Prosecutor has vehemently opposed the prayer for grant of anticipatory bail, on the plea that now possession of liquor is considered as serious offence. However, considering the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Pintu Singh be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 158 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T