Sarekh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38071 of 2018 Arising Out of PS. Case No.-106 Year-2018 Thana- Barbigha District- Sheikhpura ====================================================== Sarekh Singh, S/o Late Kesho Singh, R/o Village- Belaun, P.S. + P.O.- Barbigha, Distt.- Shekhpura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-07-2018 Heard Sri Shashi Bhushan Kumar, learned counsel for the petitioner and Dr. Indiwar Kumari, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Excise Case No. 110 of 2018, arising out of Barbigha P.S. Case No. 106 of 2018, registered for offence under Sections 272, 273, 188 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail. Learned counsel for the petitioner, by way of referring to statement made in paragraph - 3 of the petition, submits that the petitioner is having clean antecedent. He further submits that nothing was recovered from conscious possession or premises of the petitioner. Learned counsel for the petitioner, by way of referring to F.I.R., submits that from a garbage outside

Patna High Court Cr.Misc. No.38071 of 2018(2) dt.04-07-2018 2/2 the house of the petitioner, recovery of 2 litre of country-made liquor as well as 15 litre of Muhua Jawa, kept in jar, were shown and petitioner, being resident of nearby place, has been made accused.

Be that as it may, considering the nature of accusation as well as clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Sarekh Singh 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 1st Addl. District & Sessions Judge, Sheikhpura in connection with Excise Case No. 110 of 2018, arising out of Barbigha P.S. Case No. 106 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T