Babu Saheb @ Santosh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32246 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -NAWAKOTHI District- BEGUSARAI ======================================================
1. Babu Saheb @ Santosh Singh, Son of Late Kapildeo Singh, Resident of Village- Maheshwara, P.S.- Naokothi, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 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 414 & 506 of the Indian Penal Code, Section 25 (1-b)A, 26 and 27 and Section 37 (b), (c) of the Bihar Prohibition and Excise Act, 2016.
Petitioner was found in inebriated condition and two pistols, one live cartridge and four empty cartridges are said to have been 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 been falsely implicated in this case at the instance of enemy. As one live
Patna High Court Cr.Misc. No.32246 of 2018 (07) dt.31-07-2018 cartridge is said to have been recovered from his possession so there is no use of keeping two pistols by the petitioner and without the live cartridge pistol is of no use. He had not consumed liquor. He happens to be a teetotaller. He has no criminal antecedent and has been languishing in custody since 30.01.2018. 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 Additional Sessions Judge-II-cum-Special Judge Excise Court, Begusarai in connection with Naokothi P.S. Case No.06 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T