Awadesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24500 of 2018 Arising Out of PS.Case No. -482 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Awadesh Singh S/o Late Gopal Singh, R/o Vill.- Chargharwa, P.S.- Ramnagar, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Ramnagar P.S. Case No. 482/2017 registered for the offence punishable under Sections 30 (A) and 38 I of Bihar Excise Act.

The allegation is regarding recovery of 12.18 litres of illicit liquor from a sugar cane field.

The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession of the petitioner nor the said sugar cane field belongs to the petitioner. It is further submitted that the provisions of Section 100 Cr.P.C. has not been complied with while preparing the

Patna High Court Cr.Misc. No.24500 of 2018 (2) dt.25-04-2018 2/2 seizure list, hence the seizure list itself is vitiated. It is submitted that the petitioner is having a clean antecedent. Lastly, it is submitted that co accused has already been enlarged on anticipatory bail vide order dated 27/02/2018 passed in Cr. Misc No. 10266 of 2018.

Considering the nature of accusation and the fact that prima facie no case is made out for the offences under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Ramnagar P.S. Case No. 482/2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T