Vikash Kumar Singh @ Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15055 of 2023 Arising Out of PS. Case No.-214 Year-2021 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== VIKASH KUMAR SINGH @ VIKASH SINGH, Male, aged about 30 years, S/O TAPESHWAR SINGH @ LAL BABU SINGH Resident of VillageNarayanpur, P.S.- Kusheshwarasthan, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr. Binod Kumar No.3, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Kusheshwarasthan P.S. Case No. 214 of 2021 dated 20.11.2021 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.
3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 2628.360 litres of foreign liquor and the same is stated to have been recovered from a Truck's container and petitioner was not arrested at the spot of recovery, in fact petitioner's shop of sand and sand stone was near to the place of recovery of the alleged wine on account of which, he has been
Patna High Court CR. MISC. No.15055 of 2023(2) dt.08-05-2023 2/3 made accused and merely on the basis of disclosure made by the arrested co-accused person, namely, Chandra Bhushan Das, he has been dragged in this case while he had no concern with the alleged container as well as seized wine, though against the petitioner there is criminal antecedent of one case lodged under the Excise Act but in that case the main allegation against the petitioner was of having consumed wine and in the present matter, he has been languishing in jail since 03.11.2022 and against him, investigation has been completed.
Further submission is that co-accused persons, namely, Nitish Singh @ Nitish Kumar Singh, Surendra Yadav @ Surendra Kumar Yadav, Deepak Kumar Paswan @ Deepak Paswan, Ram Babu Yadav and Chandra Bhushan Das have been granted bail by different co-ordinate Benches of this Court vide Annexure 2 series. Further submission is that in the seizure list, the alleged wine has been shown as having been recovered from Girgitia village but there is no detail of the petitioner's shop in the said seizure list which casts a serious doubt in respect of the place of recovery of the alleged wine.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly
Patna High Court CR. MISC. No.15055 of 2023(2) dt.08-05-2023 3/3 the privilege of bail having been granted to several co-accused persons, as mentioned-above and against the petitioner the investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Kusheshwarasthan P.S. Case No. 214 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T