Rakesh Singh @ Dhibu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7899 of 2023 Arising Out of PS. Case No.-414 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== RAKESH SINGH @ DHIBU SINGH Son of Ashok Kumar Singh @ Ashok Singh Resident of village - Manjour, P.S.- Warisaliganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 1920.345 liters illicit foreign liquor near PACS Bhawan and the petitioner is alleged to be involved in the trade of illicit liquor. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been

Patna High Court CR. MISC. No.7899 of 2023(2) dt.02-05-2023 2/2 recovered from his conscious possession rather his name has been disclosed by the co-accused namely, Arvind Kumar who was apprehended on spot. It is further submitted that the petitioner is languishing in judicial custody since 3.11.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner has got five criminal antecedents.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Warisaliganj P.S. Case No. 414 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Nawada.

(Sunil Kumar Panwar, J) Amandeep/- U T