Shankar Prasad Singh @ Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53356 of 2016 Arising Out of PS.Case No. -214 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Shankar Prasad Singh @ Shankar Singh, son of Late Manohar Singh, resident of Jalalpur, P.S. Lalganj, District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Bansh Dubey, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 31.08.2016 in connection with Lalganj P.S. Case No. 214/16 registered for the offences punishable under Sections 47(A)(1)(E)(F)/51/52/54 of the Bihar Excise (Amendment) Act, 2016.

The prosecution case, as lodged by the police, is that on secret information the house of the petitioner was searched and petitioner was apprehended, who disclosed that he had kept some bottles of foreign liquor in the house of one Balram Singh. Thus, 90 bottles each containing one litre (total 90 litres) of foreign liquor was seized and, accordingly, seizure-list prepared. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.53356 of 2016 (2) dt.22-12-2016 2/2 petitioner that he is innocent, has falsely been implicated in the aforesaid case and charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. 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, since charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 214/16, subject to the condition that one of the bailors would be close relative and other bailor would be a person, who has sufficient immovable properties within the jurisdiction of concerned police station. (Nilu Agrawal, J.) Rajesh/- U T