Bhulan Singh @ Braj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10192 of 2018 Arising Out of PS. Case No.-231 Year-2017 Thana- MASRAKH District- Saran ====================================================== BHULAN SINGH @ BRAJ KUMAR SINGH Son of Chandradeo Singh, Resident of Village Mishrawalia Sakrdih, P.S.- Jalalpur, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. SRI ARUN KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Mashrakh P.S. Case No. 231 of 2017 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 386.5 litres of illicit liquor from three cars parked at Chour.

The learned counsel for the petitioner submits that neither the cars belong to the petitioner nor the said liquor has been recovered from his person or possession. It is submitted that one of the co-accused has already been granted anticipatory bail by

Patna High Court Cr.Misc. No.10192 of 2018(2) dt.27-02-2018 2/2 this Court. It is further submitted that the petitioner is having a clean antecedent.

Considering the nature of accusation and the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court (6th A.D.J.), Saran at Chapra in connection with Mashrakh P.S. Case No. 231 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T