Shivji Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83045 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- DAWATH District- Rohtas ====================================================== Shivji Singh Son of Mahendra Singh Resident of Village- Fatehganj, P.S.- Dawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Dawath P.S. Case No. 49 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act-2016. 172.800 lts. of foreign liquor is said to have been recovered from the straw house located in front of the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. Petitioner has no concern with the seized liquor. The straw house of the petitioner located in front of his house is not under his lock and key and is easily

Patna High Court CR. MISC. No.83045 of 2019(2) dt.16-12-2019 2/2 accessible to all. Petitioner was not apprehended on the spot. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent and has been languishing in custody since 19.10.2019.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner 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 learned Addl. Sessions JudgeII-cum-Special Judge, Excise Act, Rohtas at Sasaram in connection with Dawath P.S. Case No. 49 of 2019. (Prakash Chandra Jaiswal, J) rohit/- U T