Patna High CourtCR. MISC./31218/2016bail granted

Tunna Singh v. The State Of Bihar

2016-08-11Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31218 of 2016 Arising Out of PS.Case No. -55 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictKHAGARIA ====================================================== Tunna Singh son of Basudeo Singh, resident of village- Birpur, Police Station- Parbatta, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Sevak Choudhary For the Opposite Party : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-08-2016 Learned counsel for the petitioner is permitted to make necessary correction in para-1 of the petition within course of the day.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offence punishable under Section 47(a) of Bihar Excise Act. Near about 31 litres of Indian made foreign liquor, kept in several bottles and 9.600 litres of country made liquor are said to have been recovered from the gumti. The excise officials claim that the aforesaid liquor belongs to the petitioner but the petitioner was neither caught on the spot nor anything was recovered from his conscious possession. Moreover, the present

Patna High Court Cr.Misc. No.31218 of 2016 (2) dt.11-08-2016 2/2 case was lodged prior to coming into force of new Excise Amendment Act, 2016. The petitioner does not have any criminal antecedent and is languishing in jail custody since 21.05.2016. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-Ist, Khagaria in connection with Case No. 55C3 of 2015.

(Hemant Kumar Srivastava, J.) Amit/- U T