Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39672 of 2016 Arising Out of PS.Case No. -179 Year- 2016 Thana -MIRGANJ District- GOPALGANJ ====================================================== Birendra Singh Son of Paras Singh @ Paras Nath Singh, resident of VillageChhapmathea, P.S.- Mirganj, Distt- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Prasad Sinha, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2016 Heard both sides.

The petitioner apprehends his arrest in Mirganj P.S. Case No. 179/2016, registered for the offences punishable under Sections 420, 272, 273 of the Indian Penal Code and Sections 47A and 47G of Bihar Excise Act.

The informant S.H.O., Mirganj got information that Birendra Singh was preparing country-made liquor by the side of a canal. When the informant and other police officials raided nobody was present there, but six litres of spirit was recovered from there.

It is submitted that there is nothing to show that the petitioner was preparing country-made liquor, but the informant named the petitioner.

Patna High Court Cr.Misc. No.39672 of 2016 (2) dt.19-09-2016 2/2 Considering the facts aforesaid and the fact that petitioner was not apprehended at the spot, he has got no criminal antecedent and the spirit was recovered by the side of a canal, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 179/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T