Bijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2914 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- DHANGAI District- Bhojpur ====================================================== Bijay Singh Son Of Shyam Bihari Singh Resident Of Village- Sonki Suhiya, P.S. Shahpur, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Verma- Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-07-2021 Heard Mr. Chandan Kumar Verma, the learned Advocate for the petitioner and Mr. Uday Pratap Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Dhangai P. S. Case No.75 of 2020, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears from the prosecution report that several litres of liquor was recovered from the poultry farm which belongs to the petitioner.

The learned Advocate for the petitioner has submitted that though he is the owner of such poultry farm, but because he was not in a position to run the same efficiently, he had entrusted it to Rahul Singh, Akash Singh and Pankaj Singh.

Patna High Court CR. MISC. No.2914 of 2021(2) dt.29-07-2021 2/2 It appears that the aforesaid persons have breached the provisions of the Excise Act.

The residence of petitioner is about 20 kms. away from the poultry farm.

The petitioner does not have criminal antecedents. On these grounds, it has been urged on behalf of the petitioner that though the poultry farm belongs him but the offence under the Excise Act cannot be saddled upon him. For the reasons afore-stated, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Excise Act, Bhojpur, Ara in connection with Dhangai P. S. Case No.75 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T