Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34541 of 2018 Arising Out of PS.Case No. -38 Year- 2018 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Chhotu Singh, Son of Dinanath Singh, Resident of Mohalla- Anjabit Singh College Road, Ward No. 12, P.S.- Bikramganj, District- Rohtas. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2018 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 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

44 litres of country made liquor and punching machine, plastic wrapper, jerkin, gallon, etc. were recovered from the half built hut and 44 litres of country made liquor was recovered from Maruti Suzuki Car and five persons including the petitioner were apprehended in the course of escaping. Accused persons are said to be indulged in packing the illicit liquor at the aforesaid place. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.34541 of 2018 (2) dt.21-06-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the aforesaid article or with the place of recovery or with the vehicle in question or any trade of liquor. Allegation levelled against the petitioner is general and omnibus in nature. There is no compliance of Section 100 Cr.P.C. No more case under Excise Act has been lodged against the petitioner. Petitioner has been languishing in custody since 12.02.2018. 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 2nd Additional District and Sessions Judge cum Special Judge, Excise, Rohtas, Sasaram in connection with Bikramganj P.S. Case No. 38 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U