Dasrath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1835 of 2019 Arising Out of PS. Case No.-651 Year-2018 Thana- MANER District- Patna ====================================================== Dasrath Singh, son of late Pandit Singh, R/v Ratan Tola, P.S.Maner, Dis-Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Advocate For the Respondent/s :

Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Maner P.S.Case No.651 of 2018, Special Case No.11494 of 2018 for offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the informant police personnel, is that on secret information that illicit liquor is traded in a garden, the police conducted a raid and apprehended the petitioner along with another co-accused. From a gallon in the garden, 20 litres of country made liquor was recovered, accordingly the seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bear no criminal antecedent and is a businessman and was in the garden when he was apprehended by the police. He submits that nothing has been

Patna High Court Cr.Misc. No.1835 of 2019(2) dt.15-01-2019 2/2 recovered from his conscious possession and he has been falsely implicated.

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

Considering the facts and circumstances and the materials on record, 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 Maner P.S.Case No.651 of 2018, Special Case No.11494 of 2018 to the satisfaction of learned Special Judge, Excise, Patna subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioners. (ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

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