Vivek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18765 of 2020 Arising Out of PS. Case No.-62 Year-2020 Thana- KHAIRA District- Saran ====================================================== VIVEK KUMAR SINGH Son of Late Ganesh Singh Resident of VillageDhobwal Tola Jogirha, P.S.- Khaira, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Khaira Police Station Case No. 62 of 2020, registered for the offence punishable under Sections 30/30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police party got secret information that a huge quantity of illicit liquor has been kept near the poultry farm of the petitioner. The police proceeded towards the poultry farm of the petitioner and upon seeing the police party, one person tried to flee away, who was apprehended by the police and he disclosed his name as Vivek Kumar Singh, the petitioner. The police recovered 108 litres of

Patna High Court CR. MISC. No.18765 of 2020(2) dt.13-05-2020 2/3 illicit liquor from the west side of the poultry farm of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as from perusal of the seizure list, it would be evident that the illicit liquor has been recovered from the west side of the poultry farm of the petitioner and not from the premises of the poultry farm of the petitioner. He further submits that the petitioner is also an accused in Baniyapur Police Station Case No. 136 of 2018, in which he is on bail. He further submits that the petitioner is in custody since 29.02.2020 After having heard learned Counsel for the parties and taking into consideration the fact that the illicit liquor has been recovered from the west side of the poultry farm of the petitioner and not from the premises of the poultry farm of the petitioner and the petitioner is in custody since 29.02.

2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.18765 of 2020(2) dt.13-05-2020 3/3 with Khaira Police Station Case No. 62 of 2020. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

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