Jai Mangal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48831 of 2021 Arising Out of PS. Case No.-108 Year-2021 Thana- DIGHA District- Patna ====================================================== Jai Mangal Singh Son of Umesh Singh Resident of Village - Kachhuara Rewan Tola, P.S.- Gourichak, District - Patna, At Present Mohalla - Kurji Balupar Sheakti Nagar, P.S.- Digha, District - Patna, Renter of House Owner Chandan Kumar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

23-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Digha P.S. Case No. 108 of 2021, Special Case No. 1263 of 2021, registered for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act and Section 30(a) of Bihar Prohibition and Excise Act. As per the prosecution case, one country-made pistol alongwith 11 live cartridges has been recovered from the left pocket of trouser, one country-made pistol alongwith 28 live cartridges was recovered from the roof of the house and total 141.75 liters of illicit wine has been recovered from the room and motorcycle of the petitioner.

It is submitted on behalf of petitioner that the alleged wine and country-made pistol alongwith cartridges were

Patna High Court CR. MISC. No.48831 of 2021(2) dt.23-11-2021 2/2 recovered from the house and the said house does not belong to this petitioner. Petitioner is renter in the said house. Petitioner has also got no concern with the alleged motorcycle, from where illicit wine has been recovered. Petitioner has got clean antecedent and he is in custody since 21.02.2021. Chargesheet has already been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Special Judge Excise Act, Patna in connection with Digha P.S. Case No. 108 of 2021, corresponding to Special Case No. 1263 of 2021. (Prabhat Kumar Singh, J.) anay U T