Braj Kumar Singh @ Bhulan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25220 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== Braj Kumar Singh @ Bhulan Singh, aged aobut 52 Years, Male, Son of Chandradev Singh Resident of Village - Mishrawalia, P.S.- Jalalpur, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishwajeet Singh For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Excise Case No. 54 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 1435.80 litres of English wine is said to have been recovered from the Bolero and cow shed of Munna Prasad. Said Munna Prasad divulged the aforesaid liquor to be of the petitioner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no
Patna High Court CR. MISC. No.25220 of 2019(2) dt.19-04-2019 2/2 concern either with the seized liquor or Bolero or place of recovery or any trade of liquor. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the disclosure made by Munna Prasad due to animosity. He has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 9th Addl. Sessions Judge, Saran at Chapra in connection with Excise Case No. 54 of 2019, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T