Patna High CourtCR. MISC./20865/2017bail granted

Om Prakash Singh v. The State Of Bihar

2017-06-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20865 of 2017 Arising Out of PS.Case No. -305 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Om Prakash Singh, Son of Late Dudhnath Singh, Resident of VillageWazirganj, P.S.- Sasaram (M), District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sasaram (Muffasil) P.S. Case No. 305 of 2017 instituted for the offence under Sections30(a), 35 & 38 of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 12-03-2017. He has clean antecedent. He has nothing to do with the alleged liquor which has been recovered from a Pick Up Van.

From the written report, it appears that the informant got information that Om Prakash Singh has brought illicit liquor on Pick up Van to get the same unloaded in the Chimney Bhatta. Thereafter, the police reached at the place of occurrence and found the pick up van near Chimney Bhatta and the liquor was being

Patna High Court Cr.Misc. No.20865 of 2017 (3) dt.23-06-2017 2/2 unloaded from the van. It is mentioned in the written report itself that this petitioner was caught in course of running away and after arrest, he did not give satisfactory reply with respect to the liquor. It is submitted that the petitioner has no concern with the recovered liquor and he was merely standing on the road. In the written report itself, it is mentioned that Om Prakash Singh had brought the illicit liquor on pick up van which was being unloaded on the Chimney Bhatta.

In such circumstances, the prayer for bail is allowed and the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sasaram (Muffasil) P.S. Case No. 305 of 2017 to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise Court, Rohtas at Sasaram subject to condition that both the bailors should be close relatives of the petitioner.

(Sanjay Priya, J) A.K.V./- U T