Mahesh Prasad Singh @ Bablu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58967 of 2017 Arising Out of PS.Case No. -332 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Mahesh Prasad Singh @ Bablu Singh Son of Late Ram Nihora Singh Resident of village- Ward No.-14, Shambhua, P.S.- Dalsingsarai, DistrictSamastipur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Dalsingsarai P.S. Case No. 332 of 2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38(1), 38(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 52.140 litres of illicit liquor from the motorcycle standing on the road and the petitioner is said to be standing beside while he was apprehended by the Police.
The learned counsel for the petitioner submits that admittedly the petitioner is not the owner of the said motorcycle,
Patna High Court Cr.Misc. No.58967 of 2017 (2) dt.22-12-2017 2/2 hence he cannot be connected with the alleged recovery from the motorcycle. It is submitted that the petitioner is an accused in two other cases of same and similar allegations, however, he is on bail in the said two cases and he is languishing in custody since 15.10.2017.
Considering the nature of accusation and the period of custody already undergone, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd, Samastipur in connection with Dalsingsarai P.S. Case No. 332 of 2017.
(Mohit Kumar Shah, J) S.Sb/- U T