Satyendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15564 of 2023 Arising Out of PS. Case No.-133 Year-2021 Thana- DHANARUA District- Patna ====================================================== Satyendra Kumar Singh S/O Late Keshod Narayan Singh @ Late Kesho Narayan Singh R/O Village- Govindchak, P.S- Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Arvind Kumar Pandey(App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 36, and 41(i)(ii) of the Bihar Prohibition and Excise Act, 2018. As per prosecution case, it is alleged that on a secret information, two trucks were intercepted by the police and on search total 2817.475 liters foreign made liquor and other articles were recovered from both alleged trucks. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Golu Saw. Neither the petitioner is named in the FIR nor vehicles in

Patna High Court CR. MISC. No.15564 of 2023(2) dt.28-04-2023 2/2 question belong to him. The petitioner has no concern with the alleged recovery nor from co-accused persons. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 07.04.2022 passed in Cr. Misc. No. 58373 of 2021. It is further submitted that the petitioner is languishing in judicial custody since 23.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhanarua P.S. Case No. 133 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-Excise, Patna.

(Sunil Kumar Panwar, J) Manish/- U T