Umakant Singh @ Tinku Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28385 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -NAWINAGAR District- AURANGABAD ====================================================== Umakant Singh @ Tinku Singh S/o Sri Vijay Kumar Singh Resident of Village- Bara, P.S.- Nabinagr, District- Aurangabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-07-2016 Heard Sri Rajendra Prasad Singh, learned senior counsel, who was assisted by Sri Rajeev Kumar Singh, learned counsel for the petitioner and Sri Anand Mohan Prasad Mehta, learned A.P.P.
The sole petitioner, apprehending his arrest in connection with Nabinagar P.S. Case No. 72 of 2016 registered for the offence under section 47, 54 , 57 of the Bihar Excise Amendment Act, has prayed for grant of anticipatory bail. It was submitted by learned senior counsel for the petitioner that on false accusation the petitioner has been made accused. He submits that petitioner was not apprehended from the spot, however it was alleged that from motorcycle of the petitioner five pouches of country made liquour was recovered.
Patna High Court Cr.Misc. No.28385 of 2016 (2) dt.28-07-2016 2/2 It has emphatically been argued that petitioner has falsely been implicated .
Learned Additional Public Prosecutor has opposed the prayer for bail.
However considering the nature of accusation and clean antecedent of the petitioner as indicated in paragraph no. 3 of the petition, in the event of arrest or surrender within a period of six weeks from today, let the petitioner Umakant Singh @ Tinku Singh be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of A.C.J.M., Aurangabad /concerned court in connection with Nabinagar P.S. Case No. 72 of 2016, G.R. Case No. 839 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) Praful/- U T