Shambhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32400 of 2018 Arising Out of PS. Case No.-75 Year-2018 Thana- KARAKAT District- Rohtas ====================================================== Shambhu Singh Son of Harigovind Singh resident of Village - Suggibal, P.S. - Karakat, District - Rohtas at Sasaram.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Singh, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-06-2018 Heard Sri Jai Prakash Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, having clean antecedent, which fact has been stated in paragraph-3 of the petition, has prayed for grant of bail in the event of arrest or surrender in connection with Karakat P.S. Case No.75 of 2018 registered for the offence under Sections 30(a)/36 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner. He submits that in this case, recovery of spirit and country-made liquor was shown from an open Khalihan, which was jointly in the name of the petitioner and others. He submits that the petitioner was not aware regarding the said

Patna High Court Cr.Misc. No.32400 of 2018(2) dt.13-06-2018 2/2 recovery,which is evident from the seizure list itself. Be that as it may, considering the nature of accusation and clean antecedent of the petitioner as well as the fact that in the case, recovery was shown from an open Khalihan, let the petitioner, namely, Shambhu Singh, in the event of arrest or surrender within six weeks from today, 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 learned Addl. Sessions Judge-II-cum-Special Court, Excise, Rohtas at Sasaram in connection with Karakat P.S. Case No.75 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T