Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20632 of 2021 Arising Out of PS. Case No.-315 Year-2019 Thana- OBRA District- Aurangabad ====================================================== RAKESH SINGH, SON OF VIJAY SINGH, RESIDENT OF VILLAGEBEL TOLA IMAMGANJ, P.S.- OBRA, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Leelawati Kumari, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-09-2021 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 section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, about 537 litres of country liquor was recovered and while one accused managed to escape another accused Pintu Yadav was taken into custody. It is submitted by learned counsel for the petitioner that neither the petitioner was named in the FIR nor any incriminating article has been recovered from his possession. The only material against him, which would be evident from the order of the learned trial court rejecting the application for bail of the petitioner is his name transpiring in the confessional

Patna High Court CR. MISC. No.20632 of 2021(2) dt.09-09-2021 2/2 statement of co-accused Dhirendra Kumar made before the police. The petitioner is in custody since 5.1.2021 and chargesheet has been submitted in the case. A number of coaccused have been enlarged on bail. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner being in custody for more than 8 months, the petitioner is directed to be enlarged on bail in connection with Obra P.S. Case no. 315 of 2019 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. District & Sessions Judge II - cum - Special Judge, Excise, Aurangabad. (Partha Sarthy, J) Spd/- U T