Roushan Kumar @ Raushan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47277 of 2019 Arising Out of PS. Case No.-335 Year-2018 Thana- BARBIGHA District- Sheikhpura ====================================================== ROUSHAN KUMAR @ RAUSHAN KUMAR SINGH, Son of Vijay Singh, Resident of Village- Ahiyapur, P.S.-Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Barbigha P.S. Case No.335 of 2018 instituted for the offence under Section 272, 273 Indian Penal Code and Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged that total thirty three litres country made liquor has been recovered from the Car. It is alleged that two persons, namely, Parshuram Kumar and Dilkhush Kumar were arrested and they disclosed name of the petitioner, who had fled away.

Counsel for the petitioner submits that there is no recovery from conscious possession of the petitioner. In the facts and circumstances of the case, prayer of

Patna High Court CR. MISC. No.47277 of 2019(3) dt.02-08-2019 2/2 the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II, Sheikhpura, in connection with Barbigha P.S. Case No.335 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

It appears from para 3 that one more case under the Excise Act is pending against the petitioner. The petitioner will file an Affidavit at the time of his furnishing bail bond that he will not indulge in such activities in future. In the event, he is found indulged in such activity in future, his bail bond in the instant case shall liable to be cancelled.

(Sanjay Priya, J) J. Alam/- U T