Bipin Singh @ Vipin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19019 of 2023 Arising Out of PS. Case No.-546 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== BIPIN SINGH @ VIPIN SINGH S/O CHANDRIKA SINGH R/v- Khamhar, P.S.- Begusarai Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate :

Smt. Divya Bharti, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Begusarai Muffasil P.S. Case No.546 of 2022 dated 17.10.2022 registered for the offence(s) punishable under Sections 272, 273 and 120(b) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The main submissions advanced by the learned counsel for the petitioner are that though the petitioner is named in the FIR but he was not arrested at the spot and as per prosecution four persons including the petitioner were riding in the alleged vehicle from which the alleged wine is stated to have been recovered and in the FIR the source of identification of the accused has not been revealed and it is simply mentioned

Patna High Court CR. MISC. No.19019 of 2023(2) dt.05-05-2023 2/2 that police got the details of the accused persons including the petitioner on the basis of secret information. Further submissions are that petitioner is registered owner of the alleged vehicle, though against him there are criminal antecedents of four cases but he is on bail in all the said cases and he has been languishing in jail since 31.01.2023 and against him the investigation has been completed.

4.

Learned APP appearing for the State has opposed the bail prayer.

5.

Considering the above submissions and mainly the completion of investigation against the petitioner, his custody period and also the fact that as per the seizure memo the alleged recovery of wine was made before the official persons and petitioner is not stated to have been arrested at the spot, 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 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Begusarai Muffasil P.S. Case No.546 of 2022.

(Shailendra Singh, J) sangam/- U T