Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51144 of 2016 Arising Out of PS.Case No. -183 Year- 2016 Thana -SONBERSA District- SITAMARHI ====================================================== Amit Kumar Singh, Son of Kamdeo Prasad Singh, Resident of village - Chiraiya Barahi, P.S. Purnahiya, District - Sheohar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Hans Lal Kumar, Advocate For the Opposite Party : Mr. Pradeep Narain Kumar(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-11-2016 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is languishing in judicial custody since 07.09.2016 in connection with Sonbarsa P.S. Case No. 183 of 2016 for offences punishable under Sections 272 and 273 of the Indian Penal Code and under Section 47 of the Bihar Excise (Amendment) Act, 2016.

The prosecution case is that the police party on patrolling caught the petitioner and other accused in a motorcycle and there was a bag containing about 33 liters of Nepali saufi wine.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.51144 of 2016 (2) dt.29-11-2016 2/2 petitioner that he is innocent and has falsely been implicated in the aforesaid case. It has further been submitted that the petitioner has no criminal history and nothing has been recovered from his conscious possession.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Learned counsel for the petitioner submits that the petitioner undertakes not to abscond or tamper with the evidence as he has home and hearth in the village, hence, on such undertaking, let petitioner, above named, 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, Sitamarhi, in connection with Sonbarsa P.S. Case No. 183 of 2016.

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