Devendra Kumar Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.30881 of 2014 (2) dt.22-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30881 of 2014 Arising Out of PS.Case No. -222 Year- 2013 Thana -JAMUI District- JAMUI ======================================================
1. Devendra Kumar Singh Son of Late Gauri Prasad Singh resident of village- Malaypur, Police Station- Malaypur, District- Jamui .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Mr. G.S.Gupta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner apprehends his arrest in connection with Jamui P.S. Case No. 222 of 2013 registered for the offence punishable under Section 47 (a) of the Excise Act. Allegedly, during search from the licensee country made liquor shop of the petitioner foreign liquor of different brands was recovered as per seizure list.
Submission is that only eight liters foreign liquor is alleged to have been recovered and for that the petitioner cannot be held responsible. Co-accused Santosh Yadav has been allowed pre-arrest bail vide order dated 22.10.2013 passed in Cr. Misc. No. 44063 of 2013.
Patna High Court Cr.Misc. No.30881 of 2014 (2) dt.22-01-2015 Learned APP fairly submits that from the licensee shop of the petitioner foreign liquor was recovered for which no license has been produced.
In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 222 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T