Shiv Kumar Singh @ Phantush Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44600 of 2019 Arising Out of PS. Case No.-271 Year-2018 Thana- JAMALPUR District- Munger ====================================================== Shiv Kumar Singh @ Phantush Singh Son of Nageshwar Singh, Resident of Village/Muhalla-Ghosaith, P.S.-Piri Bazar, District-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2019 Heard both sides.

The petitioner apprehends his arrest in Jamalpur P.S. Case No.271 of 2018 registered under Sections 30 and 32 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the police intercepted a car and arrested Amlesh Rai, Praveen Kumar, Jago Kumar and the driver Vikky Kumar. From possession of Amlesh Rai, Rs.1,15,500/- was recovered. Four bottles of Imperial Blue whisky each containing 375 ml and 2 bottles of Royal Stag whisky each containing 375 ml were recovered. Amlesh Rai is said to have disclosed that the petitioner is also indulged in illegal trade of liquor with him. Learned counsel for the petitioner submits that the petitioner was not travelling in the vehicle and nothing has been

Patna High Court CR. MISC. No.44600 of 2019(2) dt.19-07-2019 2/2 recovered from possession of the petitioner. The petitioner has got no criminal antecedent.

Having considered the facts aforesaid and the fact the nothing has been recovered from possession of the petitioner and the petitioner has got no criminal antecedent, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 learned Additional Sessions Judge-cum-Special Judge, Excise Act, Munger in connection with Jamalpur P.S. Case No.271 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T