Patna High CourtCR. MISC./81234/2019bail granted

Bittu Singh @ Jyoti Prakash v. The State Of Bihar

2019-12-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81234 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- RAJPUR District- Buxar ====================================================== BITTU SINGH @ JYOTI PRAKASH Son of Bikram Singh Resident of Village - Katariya, P.S.- Rajpur, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 16.10.2019 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that on secret information raid was laid on 23.6.2019 when 918.540 litres Indian Made Foreign Liquor was recovered from the orchard, which was suspected to be kept by the petitioner. The petitioner is named in the FIR. It is submitted by learned counsel for the petitioner that the orchard in question does not belong to the petitioner from where recovery has been made. Statement to that effect has been made in paragraph 8 of the petition. Further statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.81234 of 2019(2) dt.11-12-2019 2/2 Learned APP submits that the storage of the illicit liquor was made by the petitioner.

Considering the fact that the recovery was made from an open area, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. and the period under custody, let the petitioner above named be released 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 Additional Sessions Judge -II-cumSpecial Judge, Excise Act, Buxar in connection with Rajpur P.S. Case No.138 of 2019.

(Dinesh Kumar Singh, J) anil/- U