Vinay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50115 of 2016 Arising Out of PS.Case No. -39 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictSARAN ====================================================== Vinay Singh, son of Dhupan Singh, resident of Village Samhota, P.S. Kopa, District Saran at Chapra .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 17.09.2016 in connection with Tr. No. 890/16, arising out of Excise Case No. 39/12 for offences punishable under Section 47(A) of the Old Excise Act.
The allegation is that from the grocery shop of the petitioner 12.8 litres of country-made liquor was recovered. It has been submitted by the learned counsel for the petitioner that he is innocent, has falsely been implicated in the present case, nothing has been recovered from the conscious possession of the petitioner and considering the small quantity of 12.8 litres of country-made liquor was seized under the old Act, petitioner be enlarged on bail. He submits that petitioner has no
Patna High Court Cr.Misc. No.50115 of 2016 (2) dt.22-11-2016 2/2 criminal antecedent, except another case under the same section of the old Excise Act in which he has already been granted the privilege of bail.
However, learned APP for the State submits that the country-made liquor has been seized from the joint grocery shop of the petitioner, hence, opposes the prayer for bail. Be that as it may, since the charge-sheet has already been submitted and considering the materials on record, let petitioner, above named, 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 Addl. Chief Judicial Magistrate-9, Saran at Chapra in connection with Excise Case No. 39/12.
(Nilu Agrawal, J.) Rajesh/- U T