Bullu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17609 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -KASIMBAZAR District- MUNGER ====================================================== Bullu Singh Son of Late Dharma Nand Singh @ Dharma Narayan Singh Resident of Village - Bindwara, P.S. - Kasim Bazar, District - Munger. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Kasim Bazar P.S. Case No. 25 of 2016 registered for offences punishable under Section 47(A) of the Excise Act. The prosecution case, in brief, is that while the informant, on secret information, reached near a house, petitioner started fleeing away and on search of the said house 4.80 liters of country made wine and 2.70 liters of English wine were recovered.

It has been submitted by the counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner and he has clean antecedent, as is

Patna High Court Cr.Misc. No.17609 of 2016 (2) dt.29-04-2016 2/2 evident from paragraph 3 of this petition. It has further been submitted that country made and foreign liquor seized is of very low quantity and being the first offender, petitioner is entitled to be granted the privilege of anticipatory bail. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 25 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Nilu Agrawal, J.) Arjun/- U T