Kameshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72772 of 2018 Arising Out of PS. Case No.-246 Year-2018 Thana- MANIYARI District- Muzaffarpur ====================================================== Kameshwar Singh Son of late Ram Ekbal Singh Resident of VillageMaksudpur, P.S. Maniyari, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar For the Opposite Party/s :
Mr.Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is languishing in custody since 12.08.2018 in connection with Maniyari P.S. Case No.246 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 332, 427, 504, 506 of the Indian Penal Code and Section 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
Prosecution case as per the written report of Arvind Chaudhary, Sub Inspector on 12.08.2018 is to the effect that the informant proceeded to conduct an enquiry concerning some blood having fallen on the road, but he did not come across any information regarding any untoward incident. But in the course of such inquiry, the informant received an information regarding foreign liquior being concealed at Baliram Singh's house, thereupon
Patna High Court Cr.Misc. No.72772 of 2018(3) dt.23-01-2019 2/2 the informant conducted raid at Baliram Singh drawing room and found around 670 litres of foreign liquor. When the informant and the police team began to proceed back with he seized liquor, then the police vehicles were surrounded by 150-200 men and women; and they began unloading the seized liquor and abused the police personnel and began to assault with lathi and danda. It is submitted by learned counsel for the petitioner that there is no recovery from the conscious physical possession of the petitioner. Accusation is omnibus and general. Statement made in para 3 of the bail application that the petitioner has no criminal antecedent. In the case of similarly situated, co-accused, bail has been granted by a coordinate Bench of this Court vide order dated 10.12.
2018 passed in Cr. Misc. No.73255 of 2018. Considering the accusation which does not suggest recovery from the petitioner and the nature of accusation and the period of custody, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Maniyari P.S. Case No.246 of 2018.
sanjeev/- (Dinesh Kumar Singh, J) U T