Patna High CourtCR. MISC./69356/2019bail granted

Amit Kumar Singh @ Amit Singh v. The State Of Bihar

2019-12-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69356 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== AMIT KUMAR SINGH @ AMIT SINGH Son of Daroga Singh Resident of Village - Bangra, P.S.- Raghunathpur, Distt - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

1942.12 litres of foreign liquor is said to have been recovered from several vehicles and some accused persons managed to escape. On quizzing the locals and on the basis of the confidential information, name of the petitioner and 10 other accused persons were surfaced in the occurrence. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has

Patna High Court CR. MISC. No.69356 of 2019(2) dt.12-12-2019 2/2 no concern either with the seized liquor or vehicle in question or any trade of liquor. He was not apprehended on the spot. Identity and genuineness of the source of information has not been mentioned in the written report. No offence under Excise Act is made out against the petitioner. He has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-II cum Special Judge, Excise, Siwan in connection with Raghunathpur P.S. Case No. 163 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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