Bipin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49470 of 2018 Arising Out of PS.Case No. -553 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Bipin Singh, S/o. late Ganesh Singh, R/o. Village- Rasulpur Patthar Ghat, Jahigira, P.S.- Mohanpur, District- Samastipur, at present Damodarpur, Shanti Bihar Colony, P.S. Kanti, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25 (1-b)a, 26 Arms Act & 37 (a), (b), (C) of the Bihar Prohibition and Excise Act, 2016. The petitioner was apprehended in inebriated condition and one country made loaded pistol and two live cartridges were recovered from his possession.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized article. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his

Patna High Court Cr.Misc. No.49470 of 2018 (02) dt.10-08-2018 - 2 - possession. He had not consumed liquor. He happens to be a teetotaler. The police forcibly obtained his signature on the blank paper and converted it into a seizure list. He has no criminal antecedent and has been languishing in custody since 23.12.2017. In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Special Judge Excise Act, Muzaffarpur in connection with Kanti P.S. Case No. 553 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T