Patna High CourtCR. MISC./20416/2017allowed

Mukhlal Singh v. The State Of Bihar

2017-06-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20416 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -MUZAFFARPUR RAIL P.S. District- SARAN ====================================================== Mukhlal Singh S/o Jagdish Singh resident of village - Kakra Chowk, P.S. - Bochahan, District - Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s : Mr. Sri Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2017 Heard learned counsel for the petitioner and the State. The petitioner is accused in Muzaffarpur Rail P.S. Case No. 3/2017 for the offences punishable under Section 30(a) of the Bihar Excise Prohibition (Amendment) Act, 2016. The petitioner was apprehended on 12.1.2017 from the Muzaffarpur Railway Platform. 72 bottles of Royal Stage foreign liquor containing 350 ML each was recovered from the possession of the petitioner.

The petitioner has stated in the petition that he has no criminal antecedent and he is neither seller nor buyer nor consumer of the alleged liquor. It is submitted that the bag which was recovered by the informant was not of the petitioner and as such he disputes the ownership of the bag containing the seized

Patna High Court Cr.Misc. No.20416 of 2017 (3) dt.05-06-2017 2/2 liquor.

Having regard to the fact that the petitioner is in custody since 12.1.2017 and the statement made in para-3 that the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.(Rly), Sonepur, Saran or the concerned Court in connection with Muzaffarpur Rail P.S. Case No. 03/2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T