Rudal Kumar Singh @ Kanhaiya Kumar Singh @ Rudal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22975 of 2019 Arising Out of PS. Case No.-279 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== RUDAL KUMAR SINGH @ KANHAIYA KUMAR SINGH @ RUDAL SINGH, Male, 21 years, S/o- Late Mani Bhushan Singh R/o Village- Rahuwa, P.S.- Sahebpur Kamal, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 05.03.2019 in connection with Sahebpur Kamal P.S.Case No.279 of 2018 for the offence alleged under Section 30(A), 32(2), 35(c) and 36 of the Bihar Excise Act, 2016. The prosecution case as lodged by the police personnel is that on secret information that one Umesh Singh is trading in illicit liquor, the police conducted a raid and from the house of one Umesh Singh 91.080 liters of Indian Made Foreign Liquor was recovered. On information that the petitioner has concealed the illicit liquor in the house of the said Umesh Singh the petitioner has been made accused. Accordingly, a seizure list was prepared.

Patna High Court CR. MISC. No.22975 of 2019(2) dt.15-04-2019 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and the said Umesh Singh from whose house, illicit liquor was recovered has not been made accused in the present case. He submits that the petitioner has been made accused only on a suspicion, neither the house belonged to him nor the illicit liquor belonged to him and he was not even present at the place where illicit liquor was seized.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations, the materials on record as well as the fact that the petitioner does not bear any criminal antecedent as stated in para-3 of the present application, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sahebpur Kamal P.S.Case No.279 of 2018 to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai.

(Nilu Agrawal, J) B.Kr./- U T