Patna High CourtCR. MISC./55963/2018bail granted

Anil Singh v. The State Of Bihar

2018-09-28Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55963 of 2018 Arising Out of PS.Case No. -443 Year- 2017 Thana -BARHARIA District- SIWAN ======================================================

1. Anil Singh S/o Ramadhar Singh, R/o Vill.- Bhalua, P.S.- Barhariya, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barhariya P.S. Case No.443 of 2017 registered for the offences punishable under Sections 272, 273 and 308/34 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that 1.800 litres of foreign liquor was recovered from the orchard located by the side of canal where coaccused Tinku Singh was apprehended while some other accused managed to escape. The apprehended accused disclosed that this petitioner used to supply wine for selling.

It has been submitted that no incriminating article has been recovered from conscious possession of this petitioner. The

Patna High Court Cr.Misc. No.55963 of 2018 (2) dt.28-09-2018 2/2 name of this petitioner appeared in the confessional statement of co-accused Tinku Singh, who has already been granted bail in Cr.Misc.No.22226 of 2018 by one of the coordinate bench of this court. The case of this petitioner stands on similar footing. He is in custody since 24.07.2018 having two other criminal cases against him.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cumSpecial Judge, Siwan in connection with Barhariya P.S. Case No.443 of 2017.

(Sanjay Kumar, J) Harish/- U