Brajesh Singh @ Brajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33854 of 2018 Arising Out of PS. Case No.-141 Year-2017 Thana- Ekma District- Saran ====================================================== Brajesh Singh @ Brajesh Kumar Singh, S/o Om Prakash Singh, Resident of Village- Galimapur, P.S.- Ekma, Dist.- Saran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Gaurav Kumar Ms. Sanjana For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

14-06-2018 Heard Sri Gaurav Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, having clean antecedent, which fact has been stated in paragraph - 3 of the petition apprehending his arrest in Ekma P.S. Case No. 141 of 2017 registered for offence under Sections 30, 38, 41 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

By way of referring to F.I.R., it was argued by learned counsel for the petitioner that nothing was recovered either from conscious possession of the petitioner, his premises or his own field, rather in the case, recovery was shown from a field, which was not belonging to the petitioner. In the case, recovery of

Patna High Court Cr.Misc. No.33854 of 2018(2) dt.14-06-2018 2/2 about 19.440 liter of Indian make foreign liquor was shown from an open field and only on suspicion, petitioner has been made accused.

Considering the nature of accusation and clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Brajesh Singh @ Brajesh Kumar Singh be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. - VI, Saran at Chapra in connection with Ekma P.S. Case No. 141 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T