CRLMB7127/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.7127/2010 Bachan Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 27.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Manish Gupta, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that the offence alleged against the petitioner is under Section 16/54 of the Rajasthan Excise Act and maximum sentence prescribed for it is three years imprisonment and the offence is triable by a court of Magistrate. This is the first offence against the petitioner; there is no previous case ever registered against him in any other offence; co-accused Krapal Singh has already been enlarged on bail by a coordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.6269/2010 vide order dated 09.07.2010. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Bachan Singh Son of Shri Laxman Singh on bail under Section 439 Cr.P.C., in FIR No.16/09-10, Police Station Excise City, Alwar under Section CRLMB7127/2010 // 2 // 16/54 of the Rajasthan Excise Act, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//