Rahul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18087 of 2023 Arising Out of PS. Case No.-719 Year-2022 Thana- MAHUA District- Vaishali ====================================================== RAHUL SINGH, age about 29 years, SON OF GANESH SINGH RESIDENT OF VILLAGE- BHAGWANPUR TARAURA, PS- MAHUA DISTRICT- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Mahua P.S. Case No. 719 of 2022 dated 18.11.2022 registered for the offence(s) punishable under Section(s) 419, 420, 467, 468, 471, 34 of the Indian Penal Code and Sections 30(a), 32(i), (ii), 36, 37(C), 41 of the Bihar Prohibition and Excise Act and Sections 25(1-b)a, 26 and 35 of the Arms Act. 3.The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 2633.31 litres of Indian made foreign liquor and the same is stated to have been recovered from a truck and a car and as per prosecution five persons were apprehended at the
Patna High Court CR. MISC. No.18087 of 2023(2) dt.09-05-2023 2/3 spot while loading and unloading the alleged liquor in/from the said vehicles but the petitioner was not apprehended at the spot and his name came into light in the statements of the arrested co-accused persons. Further submissions are that four coaccused persons, who were apprehended at the spot, have been granted bail by different co-ordinate Benches of this Court vide orders Annexure 2 series and vide order passed in Cr. Misc. No.72844 of 2022 and the case of this petitioner stands on better footing than the said co-accused persons as he was not apprehended at the spot and against him, the investigation has been completed and petitioner is neither the owner nor the driver of the seized truck and car and he has been languishing in jail since 17.02.2023.
4. Learned APP appearing for the State opposes the bail prayer.
5. Considering the above submissions and mainly the facts that the petitioner was not apprehended at the spot of the recovery, his name came into light in the statements of the apprehended co-accused persons who are on bail, as mentionedabove and against the petitioner, the investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be
Patna High Court CR. MISC. No.18087 of 2023(2) dt.09-05-2023 3/3 released on bail in connection with Mahua P.S. Case No. 719 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Sanjay/- U T