Satish Kumar Singh @ Gabbar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15866 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- MAHUA District- Vaishali ====================================================== SATISH KUMAR SINGH @ GABBAR SINGH, S/o- Sri Bajrang Singh R/o Village- Aswari, P.S.- Tisiouta, District- Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Shankar Das, Advocate For the Opposite Party/s :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.
As per allegation in the FIR, on a raid being conducted 831.720 litres of liquor was recovered from a truck while the accused persons managed to escape. They were identified by the chowkidar. The FIR mentions about the three accused persons including the petitioner herein. It is submitted by learned counsel for the petitioner that from perusal of the FIR while the alleged recovery from the truck is stated to have taken place on 16.3.2020, the petitioner
Patna High Court CR. MISC. No.15866 of 2021(3) dt.31-08-2021 2/2 was neither arrested on the spot nor any incriminating article has been recovered from his possession. He is in custody since 23.10.2020. The petitioner has been falsely implicated in the case because of his antecedent. Investigation in the case has concluded.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 10 months, the petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case no. 145 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II - cum - Excise Court,Vaishali at Hajipur.
(Partha Sarthy, J) Spd/- U T