Patna High CourtCR. MISC./79771/2018bail granted

Biresh Singh v. The State Of Bihar

2019-01-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79771 of 2018 Arising Out of PS. Case No.-317 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== Biresh Singh, Son of Late Shiv Gopal Singh, Resident of Village - Singaha Tola, Panditpura, P.S.- Mirganj, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with Mirganj P.S. Case No. 317 of 2018, dated 09.11.2018, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 33 litres of country made foreign liquor is said to have been recovered from a thatched house situated about seven hundred meters away from the house of the petitioner.

The learned counsel for the petitioner has submitted that the aforesaid recovery cannot be said to be from his constructive possession and that he does not have

Patna High Court Cr.Misc. No.79771 of 2018(2) dt.15-01-2019 2/2 any criminal antecedents.

For the facts aforestated, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge-II-Cum-Special Judge, Excise, Gopalganj, in connection with Mirganj P.S. Case No. 317 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T