Pappu Singh @ Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15787 of 2021 Arising Out of PS. Case No.-359 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== PAPPU SINGH @ SANTOSH SINGH S/o Shambhu Singh R/o villageRampur Khurd, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-08-2021 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 272, 273, 120B and 414 of the Indian Penal Code, sections 25(1-B)(a) and 26 of the Arms Act, sections 30 (a)(g), 33, 34 (b), 35(a), 36 and 41(a)(ii) of the Bihar Prohibition and Excise Act, 2016. As per allegations in the F.I.R., it is stated that on a raid being conducted 14 litres of liquor was recovered from Mukesh Sahani who was taken into custody. On his disclosure 585 liters of liquor was recovered from the possession of Dheeraj Kumar and Ramashankar Kumar. It is further stated that accused Mukesh Sahani disclosed before police that he carries out the trade of liquor with the assistance of the petitioner and one another. Some arms were also recovered from the

possession of Mukesh Sahani.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent under the Bihar Prohibition and Excise Act. The only material against him is the confessional statement of a co-accused made before police. No incriminating article has been recovered from his possession. He is in custody since 24.11.2020 and investigation in the case has concluded. Heard learned A.P.P. 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 8 months, the Court directs the petitioner to be enlarged on bail in connection with Sahebganj P.S. Case no. 359 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 Special Judge, Excise, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U T