Raj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24369 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -BARBIGHA DistrictSEKHPURA ===================================== Raj Kumar Singh, S/o Late Tanik Singh (48 years), R/o Village - Sherpar, P.S. - Barbigha, District - Sheikhpura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Dinkar Kumar, Adv. For the Opposite Party/s : Mr. Ashraf Ansari (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Barbigha P.S. Case No. 114 of 2016, disclosing offences under Section 47 (a) of the Bihar Excise (Amendment) Act, 2016.
Allegedly, from the petitioner's shop, in course of raid conducted by the police in presence of an Excise official, certain quantity of foreign liquor was recovered.
Patna High Court Cr.Misc. No.24369 of 2016 (3) dt.17-08-2016 2/3 Learned counsel for the petitioner submits that there is no material to substantiate that the said shop belonged to the petitioner. He has submitted that the petitioner has nothing to do with the shop from where such recoveries have made.
Learned Additional Public Prosecutor for the State, based on the case diary, has not been able to point out that in course of investigation the said shop has been conclusively found to be belonging to the petitioner.
In view of the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Chief Judicial Magistrate, Sheikhpura, in connection with Barbigha P.S. Case No. 114 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner, above named, shall present himself before the police/Court, as the case may be, as and when
Patna High Court Cr.Misc. No.24369 of 2016 (3) dt.17-08-2016 3/3 required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T