Mausam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77540 of 2019 Arising Out of PS. Case No.-245 Year-2019 Thana- BAUNSI District- Banka ====================================================== Mausam Singh, Son of Deputy Narayan Singh, Resident of Village - Bhaiya Bhitha, P.S.- Bounsi, Distt.- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Bounsi P.S. Case No.245 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that nothing has been recovered from the possession of the petitioner.

Learned APP has opposed the prayer for bail.

Considering the submissions of learned counsel for the petitioner that no liquor was recovered from the house of the petitioner and he has been arrested by the police when he was in

Patna High Court CR. MISC. No.77540 of 2019(2) dt.28-11-2019 2/2 his house on mere suspicion that his face resembled with person whom the police officer had seen some other day and had a suspicion that he was carrying illicit liquor as also that the petitioner is in custody since15.10.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Bounsi P.S. Case No.245 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T