Bittu Singh @ Bittu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51442 of 2022 Arising Out of PS. Case No.-299 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== Bittu Singh @ Bittu Kumar Singh Son Of Bijadhar Singh @ Vijay Bahadur Singh, R/O Village- Kolha, P.S.- Bikramganj, District- Rohtas, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Bikramganj P.S. Case No. 299 of 2020 lodged under Section 30(a) of Bihar Prohibition and Excise Act.

As per prosecution, total recovery relating to the present case is 449.280 liters of foreign wine. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the alleged recovery was made in front of the dalan of the petitioner. Learned counsel further submits that the alleged recovery was not made from the conscious possession of

Patna High Court CR. MISC. No.51442 of 2022(2) dt.14-10-2022 2/2 the petitioner. On the point of criminal antecedent, learned counsel submits that there is one criminal case pending against the petitioner in which he is on bail. Learned counsel further submits that petitioner is in custody since 05.07.2022 and is ready to fulfill all the conditions whatsoever shall be imposed upon him by the court. He further submits that petitioner has surrendered in this case and not apprehended from the place of occurrence.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.I, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 299 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T