Sumeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46444 of 2023 Arising Out of PS. Case No.-236 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== Sumeshwar Singh, Son Of Late Bandhu Singh Resident Of Village - Changari Kala Or Chaungari Kala, P.S. - Karakat, Distt. - Rohtas At Sasaram ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 10 litres of liquor from a motorcycle and 35 litres of liquor from the courtyard of the house of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on secret information. It is next submitted that

Patna High Court CR. MISC. No.46444 of 2023(2) dt.24-07-2023 2/2 even the house, which is a joint family property and as such, it cannot be alleged with certainty that it was the petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge. It is next submitted that petitioner is not the owner of the seized vehicle.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Court No.1, Rohtas at Sasaram in connection with Karakat P. S. Case No.236 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T