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Patna High CourtCR. MISC./30586/2020bail granted

Jhunna Singh @ Jhunnu Singh v. The State Of Bihar

2021-01-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30586 of 2020 Arising Out of PS. Case No.-337 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== JHUNNA SINGH @ JHUNNU SINGH Son of Ramvali Singh Resident of Village - Ranjita Dhankharaiya Tola, P.S.- Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Harsidhi P.S. Case No. 337 of 2019, registered under sections 272, 273, 188, 308, 420 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 577.5 litres of IMFL was recovered from sugarcane field belonging to one Subhash Singh, 563 litres of IMFL is stated to have been recovered from the bank of the river and 148 litres of IMFL is stated to have been recovered from the premises of Ambika Singh. A total of 1288.5 litres of IMFL was recovered.

It is submitted by learned counsel for the petitioner that no recovery of any incriminating article has taken place from person or possession of the petitioner. His name transpired

Patna High Court CR. MISC. No.30586 of 2020(2) dt.20-01-2021 2/2 in the statement of Chowkidar and other villagers that he was also involved in the business of liquor. It is submitted that the allegations are false and the petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Harsidhi P.S. Case no. 337 of 2019, he will 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 learned 9th Additional Sessions Judgecum-Special Judge, Excise, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T