Amar Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43970 of 2016 Arising Out of PS.Case No. -126 Year- 2016 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== Amar Singh S/O Late Darbari Singh Anil Singh @ Anil Patel S/O Bharat Singh, both residents of villageMokari, P.s.-Bhabhua, District-Kaimur, presently petitioner no.2 resident of Bhabhua ward NO.6, P.s. Bhabhua District- Kaimur .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The application is for grant of bail for the offence under Sections 47 (A) and 53 (b) of the Bihar Excise (Amendment) Act, 2016.

The allegation against the petitioner is that he along with co-accused was intercepted and 28 bottles of foreign-made liquor were recovered from the possession of the petitioner. It is submitted on behalf of the petitioner that at the time of arrest, he was driving a Motorcycle but the said motorcycle was not belonging to him and nothing was recovered from his possession. He is in custody since 07.08.2016. It is also submitted on behalf of the petitioner that he is a

Patna High Court Cr.Misc. No.43970 of 2016 (3) dt.20-12-2016 2/2 college-going student and he is ready to abide by any condition imposed upon him.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the petitioner is in custody since 07.08.2016, let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of SDJM, Kaimur at Bhabhua in connection with Bhagwanpur P.S.Case No.126 of 2016, with a condition that one of the bailer must be close family member of the petitioner and he will be available for the investigation on each and every date, if required by the police or the court below and will co-operate in disposal of the trial also.

If the petitioner is found involved in case of similar nature, the prosecution is free to move for cancellation of the bail of the petitioner.

(Vinod Kumar Sinha, J) chn/- U T