Himanshu Singh @ Himanshu Kumar Singh @ Nepali Singh @ Nepali Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68242 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- SIKRAUL District- Buxar ====================================================== Himanshu Singh @ Himanshu Kumar Singh @ Nepali Singh @ Nepali Kumar Singh, Son of Babuli Singh, resident of Village- Gop pur, Police Station- Sikraul, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parijat Saurav For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Sikraul P.S. Case No. 52 of 2018 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

Referring to prosecution case he submits that allegation against the petitioner is that he has kept the liquor in the Khalihan in the pool of hay.

Learned counsel for the petitioner further submits that petitioner has no concern with the business of liquor nor he has stored the liquor in the pool of hay. The name of the

Patna High Court Cr.Misc. No.68242 of 2018(2) dt.14-12-2018 2/2 petitioner surfaced on disclosure made by the two persons intercepted by the police at the time of seizure of liquor. Considering the fact that nothing was seized from the possession or the constructive possession of the petitioner and the petitioner has no criminal antecedent, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum- Special Judge, Excise Act, Buxar , in connection with Sikraul P.S. Case No. 52 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T