Amit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42919 of 2017 Arising Out of PS. Case No.-188 Year-2017 Thana- BASANTPUR District- Siwan ====================================================== Amit Singh, Son of Shri Basant Singh, resident of Village- Sahpur Tola, Sipar, P.S.- Bhagwanpur Hat, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Sanjay Kumar Singh For the Opposite Party/s :

Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Sanjay Kumar Singh , learned counsel for the petitioner and Sri S. Ehteshamuddin, learned Additional Public Prosecutor.

The sole petitioner , apprehending his arrest in Basantpur P.S. Case No. 188 of 2017 registered for the offence under section 272, 273 and 308 of the Indian Penal Code , 1860 and Section 30 of the Bihar Prohibition and Excise Act, 2016 has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that though in the case recovery of huge quantity of Indian make foreign liquor from two vehicles i.e. one Pick -Up Van and another motor cycle standing near the premises of P.A.C.S. was shown and petitioner has been made as accused as if he fled away from the place of occurrence, whereas, petitioner was

Patna High Court Cr.Misc. No.42919 of 2017(2) dt.21-09-2017 2/2 having no connection with the seized article nor anything was recovered from his conscious possession. According to learned counsel for the petitioner, the petitioner is having clean antecedent, this fact has been mentioned in paragraph no. 3 of the petition.

Considering the nature of accusation as well as clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Amit Singh be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional District Judge II - cum- Special Judge, Excise, Siwan/ concerned court in connection with Basantpur P.S. Case No. 188 of 2017 subject to the conditions as contemplated under section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T