Patna High CourtCR. MISC./59129/2017bail granted

Bhola Singh v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59129 of 2017 Arising Out of PS.Case No. -193 Year- 2017 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Bhola Singh S/o Late Ramakant Singh, R/o Village- Dhebar, P.S.- Daraunda, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Pachrukhi P. S. Case no. 193 of 2017 instituted for the offences punishable under Sections 272, 273, 308 and 420 of the Indian Penal Code and 30, 38 of Bihar Excise Prohibition Amendment Act, 2016.

The allegation is regarding recovery of 160 liters of foreign liquor from the orchard of co-accused person, namely Ashok Singh.

Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner and alleged recovery is from the orchard which does not

Patna High Court Cr.Misc. No.59129 of 2017 (2) dt.22-12-2017 2/2 belong to the petitioner and the petitioner has got no criminal antecedent. It is stated that the petitioner is languishing in jail since 05.09.2017.

Considering the nature of accusation, period of custody undergone and clean antecedent, I deem it fit and appropriate to direct the release of the petitioners. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Siwan in connection with Pachrukhi P.S.Case No. 193 of 2017. (Mohit Kumar Shah, J) Sudha/- U T