Dewa Singh @ Guru Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49729 of 2016 Arising Out of PS.Case No. -359 Year- 2016 Thana -PURNEA SADAR District- PURNIA ====================================================== Dewa Singh @ Guru Prasad Singh Son of Sri Raghvendra Singh, resident of Mohallah- Candan Nagar, Gulabbagh P.S- Sadar, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

This application is for grant of regular bail for the offence under Sections 272 and 273 of the Indian Penal Code as well as Section 47 (a) of the Bihar Excise (Amendment) Act, 2016.

The allegation against the petitioner is about recovery of 71.640 ltrs. of foreign-made liquor.

It is submitted on behalf of the petitioner that as the matter of fact, nothing has been recovered from the possession of the petitioner rather it has been recovered from the Tempo and he was only sitting as a passenger in the Tempo and he is in custody since 22.09.2016. It is further submitted that the petitioner has no

Patna High Court Cr.Misc. No.49729 of 2016 (3) dt.19-12-2016 2/2 criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the recovery is not from the conscious possession of the petitioner as well as he is in custody since 22.09.2016, let the above named petitioner 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 CJM, Purnea in connection with Sadar P.S.Case No.359 of 2016.

(Vinod Kumar Sinha, J) chn/- U T