Patna High CourtCR. MISC./34961/2019bail granted

Bhagya Narayan Singh @ Sipahi Singh @ Bhagyanarayan v. The State Of Bihar

2019-05-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34961 of 2019 Arising Out of PS. Case No.-249 Year-2018 Thana- DHAKA District- East Champaran ====================================================== BHAGYA NARAYAN SINGH @ SIPAHI SINGH @ BHAGYANARAYAN Son of Sakal Singh @ Babu Sakal Singh Resident of Village - Bhakurahiya, P.S.- Patahi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 4.5.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that during patrolling, the informant being the ASI, Pachpakri O.P. saw two persons coming on a motorcycle from Nepal and on signalling them to stop, both started fleeing away leaving behind a bag but on chase, one person was arrested who disclosed his name as Bhagya Narayan Singh, the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. The recovery has not been made from the conscious physical

Patna High Court CR. MISC. No.34961 of 2019(2) dt.29-05-2019 2/2 possession of the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner escaped from the scene.

Considering the nature of recovery, the period under custody, coupled with statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -IX-cum-Special Judge, Excise, Motihari in connection with Dhaka (Pachpakadi) P.S. Case No.249 of 2018.

(Dinesh Kumar Singh, J) anil/- U