Satish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18198 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- MANJHI District- Saran ====================================================== SATISH SINGH Son of Satyavir Singh @ Satveer Singh, Satbir Singh Resident of Village-Fatehpur, P.S.-Sonipat, District-Sonipat (Harayana). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-05-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard Shri Alok Kumar Alok, the learned counsel appearing for the petitioner and Shri Ashok Kumar, the learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Manjhi P.S. Case No. 41 of 2020 for the offence punishable under Sections30, 30(a) and 38(i) (ii) of the Bihar Prohibition and Excise Act, 2016.

The allegation of the prosecution is regarding recovery of 35.20 litres of illicit liquor from a Creta vehicle, in which the petitioner is alleged to be sitting. The prosecution has

Patna High Court CR. MISC. No.18198 of 2020(2) dt.14-05-2020 2/3 further alleged that a truck following the said Creta vehicle was also apprehended and huge quantity of liquor was recovered. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 16.02.2020. Lastly, it is submitted, by referring to paragraph nos. 12 and 13 of the present petition, that neither Creta car/ vehicle belongs to the petitioner nor the petitioner has got anything to do with the alleged liquor recovered by the Police. Per contra, the learned APP appearing for the State has submitted that the petitioner is named in the FIR and there is specific allegation against him.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since 16.02.2020, I deem it fit and proper to direct for release of the petitioner on bail upon him furnishing personal bond to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Saran at Chapra in connection with Manjhi P.S. Case No. 41 of 2020.

Patna High Court CR. MISC. No.18198 of 2020(2) dt.14-05-2020 3/3 It is further directed that once the lock-down is over and normal situation is restored, the petitioner, above named, shall furnish bail bonds of a sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each, within a period of four weeks, to the satisfaction of learned 2ndAdditional Sessions Judge-cum-Special Judge, Excise Act, Saran at Chapra in connection with Manjhi P.S. Case No. 41 of 2020, failing which the present privilege of bail being extended to the petitioner shall stand revoked automatically. The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U T