Praduman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18728 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== PRADUMAN SINGH Son of Bhikhan Singh Resident of Village - Karjaon, P.S.- Chainpur, Distt.- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parwej Khan For the Opposite Party/s :

Mr.Anil Kumar ====================================================== 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 Excise Case No. 198 of 2020, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner, in brief, is that on 01.03.2020, at 12 O' Clock, while the informant (A.S.I. of Chainpur Police Station) was on patrolling duty, he intercepted one motorcycle and recovered 38.5 litres of illicit liquor from the motorcycle in question. The petitioner was the pillion rider and co-accused Sohrab Mian was driving the motorcycle.

Patna High Court CR. MISC. No.18728 of 2020(2) dt.13-05-2020 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch illicit liquor has not been recovered from the conscious possession of the petitioner and he is not the owner of the motorcycle in question. The only allegation against the petitioner is that he was sitting on the motorcycle. He further submits that the petitioner is also an accused in Chainpur Police Station Case No. 390 of 2019, in which he was granted anticipatory bail. The petitioner is in judicial custody since 02.03.2020.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner is not the owner of the motorcycle in question and he is in custody since 02.03.2020, 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.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Kaimur, at Bhabhua, in connection with Excise Case No. 198 of 2020 (Chainpur Police Station Case No. 65 of 2020). It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding

Patna High Court CR. MISC. No.18728 of 2020(2) dt.13-05-2020 3/3 lockdown and social distancing.

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