Patna High CourtCR. MISC./2227/2018bail granted

Amit Singh v. The State Of Bihar

2018-01-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2227 of 2018 Arising Out of PS.Case No. -201 Year- 2017 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Amit Singh S/o Shri Basant Kumar Singh, R/o Village- Suhpur Tola Sipar, P.S.- Bhagwanpur Hat, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Md. Sufiyan, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bhagwanpur Hat P.S. Case No. 201 of 2017 registered under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Excise Prohibition Act, 2016.

358.92 litres of country made liquor is said to have been recovered from the hut of Ramnath Manjhi and on the disclosure of said Ramnath Manjhi, the petitioner has been implicated in the case as owner of the said liquor. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession the petitioner. The petitioner was not

Patna High Court Cr.Misc. No.2227 of 2018 (2) dt.24-01-2018 2/2 apprehended on the spot. He has no concern with the seized liquor. The petitioner has been falsely implicated in the case by the police on extraneous consideration. Though one criminal case has been lodged against the petitioner, but he has been enlarged on bail in the aforesaid case. The petitioner has been languishing in custody since 25.09.2017.

Considering the facts aforesaid, 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 District Jude-II-cum-Special Judge, Excise, Siwan in connection with Bhagwanpur Hat P.S. Case No. 201 of 2017.

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