Suman Singh @ Suman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.19506 of 2021 Arising Out of PS. Case No.-298 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== SUMAN SINGH @ SUMAN KUMAR SINGH SON OF BISHO SINGH @ VISHNUDEV SINGH VILLAGE PARORA, POLICE STATION SAHEBPUR KAMAL, DISTRICT BEGUSARAI ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam,Advocate For the Opposite Party/s :

Mr.Anil Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-07-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Sahebpur Kamal P.S. Case No. 298 of 2020 registered for the offences punishable under Section 30 (A) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that as per the prosecution story the seizure of four cartoons of McDowells liquor have been made from the Wasa of one Mani Singh. The allegation against the petitioner is that the persons who were present at the place of raid have disclosed before the

Patna High Court CR. MISC. No.19506 of 2021(2) dt.24-07-2021 2/3 police that the petitioner is indulged in the business of sell of illegal liquor and on having seen the police party he had fled away.

Learned counsel submits in fact the recovery is from the roadside in front of Wasa. The petitioner has been arrested in connection with the Sahebpur Kamal P.S. Case No. 224 of 2020 and has been remanded in present case. He is in judicial custody since 7.12.2020.

Learned APP for the State has opposed the prayer for bail of the petitioner. It is his submission that the petitioner is involving in similar offence and this is his fourth case under the Bihar Prohibition and Excise Act, 2016 in which he has been taken in judicial custody on 7.12.2020. learned APP further submits that the learned Spl. Judge, Excise Act, Begusarai has while taking note of the criminal antecedent of the petitioner further recorded that the witnesses in paragraph-5, 6 and 7 have supported the prosecution version.

Considering the facts and circumstances of the case, the observation of learned Spl. Judge Excise Act, Begusarai that the witnesses have supported the case against the petitioner and further that the petitioner has been getting involved in similar offence one after another, he is presently in custody only since

Patna High Court CR. MISC. No.19506 of 2021(2) dt.24-07-2021 3/3 7.12.2020, this Court is not inclined to release the petitioner on bail at this stage.

Let the trial be expedited.

In case the trial is not concluded within a period of one year of custody of the petitioner for no reason attributable to him, he may renew his prayer for bail.

The application stands dismissed.

(Rajeev Ranjan Prasad, J) SONALI/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.