Jilal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11996 of 2023 Arising Out of PS. Case No.-130 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== Jilal Singh, Male age about 28 years, Son of Late Jhunuk Singh, Resident of village - Salempur, P.S.- Chandi, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Chandi P.S. Case No. 130 of 2022 dated 19.05.2022 registered for the offence punishable under Sections 30 (a) and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2018. As per the prosecution case, 80 liters of country made liquor has been recovered from the bank of Chharki river. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner. Recovery has been made from open place. Petitioner has got clean antecedent and is in custody since 01.01.2023.

Patna High Court CR. MISC. No.11996 of 2023(2) dt.15-05-2023 2/2 Learned counsel for the petitioner further submits that similarly situated co-accused persons namely Lalu Singh @ Lallu Singh; Arun Singh; Tuntun Singh; Shyam Bihari @ Babua Jee and Jilal Singh have been granted anticipatory bail by a Coordinate Benches of this Court vide order dated 11.11.2022; 09.12.2022 and 08.02.2023 in Cr. Misc. No. 49593 of 2022; Cr. Misc. No. 45338 of 2022 and Cr. Misc. No,. 2243 of 2023. Learned APP appearing for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1st, Bhojpur at Ara in connection with Chandi P.S. Case No. 130 of 2022.

(Sunil Dutta Mishra, J) Anand Kr.

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