Vinod Singh @ Vinod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17357 of 2022 Arising Out of PS. Case No.-149 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== VINOD SINGH @ VINOD MAHTO Son of Jaynath Singh Resident of Village - Dhaudan, P.S.- Sasaram (M), Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sasaram (M) Police Station Case No. 149 of 2019, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was dismissed as withdrawn, vide order, dated 16.12.2021, passed in Criminal Misc. No. 32257 of 2021, giving liberty to the petitioner to renew his prayer for bail after three months.

The prosecution case, as per the First Information Report, is that the police, on the basis of secret information,

Patna High Court CR. MISC. No.17357 of 2022(2) dt.13-04-2022 2/3 raided the place of occurrence and recovered a total quantity of 13230 litres of illicit liquor from a tanker and the accused persons, including the petitioner fled away.

Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail, as observed by this Court in the order dated 16.12.2021. He further submits that nothing has been recovered from the conscious possession and/or vehicle belonging to the petitioner. He further submits that the petitioner is in custody since 25.01.2021 and charge sheet has been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

After having heard learned Counsel for the parties and taking into consideration the fact that nothing has been recovered from the conscious possession of the petitioner, this is second attempt for bail on behalf of the petitioner, the petitioner is in custody since 25.01.2021 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand)

Patna High Court CR. MISC. No.17357 of 2022(2) dt.13-04-2022 3/3 with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Rohtas, at Sasaram, in connection with Sasaram (M) Police Station Case No. 149 of 2019.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √