Patna High CourtCR. MISC./35204/2019bail granted

Domi Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35204 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- GOGRI District- Khagaria ====================================================== DOMI SINGH Son of Shivchu Singh Resident of Village - Imadpur Bind Toli, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 25.02.2019 in a case registered for the offence punishable under Section 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the hut of the petitioner 20 litres of toddy were recovered whereas 10 litres of toddy were destroyed by the petitioner.

It is submitted by learned counsel for the petitioner that recovery has been made from a hut which is having no door, hence the recovery cannot be treated from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.35204 of 2019(2) dt.29-05-2019 2/2 Learned APP submits that recovery has been made from the hut of the petitioner.

Considering the nature of recovery and period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Khagaria in connection with Gogri P.S. Case No. 57 of 2019.

(Dinesh Kumar Singh, J) Amrendra/- U T