Patna High CourtCR. MISC./78267/2019bail granted

Rameshwar Singh v. The State Of Bihar

2019-12-16Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78267 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- DAWATH District- Rohtas ====================================================== Rameshwar Singh, aged about 70 years, male, son of Late Lakhu Singh, R/o village-Dhawai, P.S.-Dawath, District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Singh For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-12-2019 The petitioner seeks bail in connection with Dawath P.S. Case No. 155 of 2019, dated 17.09.2019, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

1383.84 litres of liquor is said to have been recovered from a newly constructed house without any enclosure, which, according to the petitioner, is still not occupied with inhabitants.

It has been submitted on behalf of the petitioner that according to the F.I.R. when the police came to raid the premises of the petitioner, he was arrested. The allegation against him, therefore, is of staying in a house where his son

Patna High Court CR. MISC. No.78267 of 2019(2) dt.16-12-2019 2/2 had stored liquor. Assuming this allegation to be correct, the petitioner ought not to be kept in jail for the fault committed by his son.

The petitioner is a 70 years old person having clean antecedents and is in custody since 18.09.2019. Considering the aforestated facts, the petitioner above-named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. District and Sessions Judge-Cum-Special Judge, Excise, Rohtas at Sasaram in connection with Dawath P.S. Case No. 155 of 2019. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T