Dhanu Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32035 of 2018 Arising Out of PS. Case No.-126 Year-2018 Thana- MASRAKH District- Saran ====================================================== Dhanu Pratap Singh S/o Mahatam Singh, resident of Village- Chand Barwa, P.S.- Masharakh, District- Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Kahkashan Alam, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-06-2018 Heard Ms. Kahkashan Alam, learned counsel for the petitioner and Sri Ram Anurag Singh, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Mashrakh P.S. Case No.126 of 2018 registered for the offence under Sections 30 /30(a)/34/41 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of arrest or surrender.

It was submitted by learned counsel for the petitioner that nothing was recovered from the conscious possession of the petitioner. It has been argued by learned counsel for the petitioner that in the case, huge quantity of Indian Make Foreign liquor from the poultry farm of one Manoj Singh and some foreign liquor was recovered from a Bolero vehicle, which was

Patna High Court Cr.Misc. No.32035 of 2018(2) dt.13-06-2018 2/3 standing outside the Poultry Farm of Manoj Singh. However, only on secret information , the petitioner has been made accused in the present case. It has also been argued that the petitioner is having clean antecedent, which fact has been stated in paragraph-3 of the petition. He submits that save and except secret information, there is no other cogent material against the petitioner.

Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail on the ground that in the case , recovery is to the extent of 540 liters of Indian Make Foreign liquor.

However, considering the fact that the petitioner is having clean antencedent and the fact that nothing was recovered from the conscious possession of the petitioner as well as the fact that he has been made accused only on the basis of secret information, let the petitioner, namely, Dhanu Pratap Singh, in the event of his arrest or surrender within six weeks from today, 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 learned Addl.Judge VI, Saran at Chapra in connection with Mashrakh P.S. Case No.126 of 2018, subject to conditions as laid down in Section 438(2) of the Code

Patna High Court Cr.Misc. No.32035 of 2018(2) dt.13-06-2018 3/3 of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T