Anil Singh @ Bhulet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21244 of 2020 Arising Out of PS. Case No.-230 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== Anil Singh @ Bhulet, son of Late Ramdev Singh, resident of village Jiwan Chak, P.S. Diddarganj, District Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Choubey Jawahar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-08-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor appearing for the State, through video conferencing.

The petitioner seeks regular bail in connection with Didarganj Police Station Case No. 230 of 2019, registered for the offence punishable under Sections 272/273/308/420/34 of the Indian Penal Code and Sections 30 (a)/32(i) (ii) (iii)/36/46 (i) (ii) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as per the First Information Report, is that a joint raid of police as well as excise officials was conducted in the house of the petitioner and one rifle, two country-made pistols, 09 live cartridges and other arms were recovered from the possession of the wife of the petitioner,

Patna High Court CR. MISC. No.21244 of 2020(4) dt.24-08-2020 2/3 namely, Baby Devi. The police also recovered 855 litres of illicit liquor from the house of the petitioner and 100 litres of illicit liquor from the pick-up van of the petitioner. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as for the recovery of arms and ammunition from the possession of the wife of the petitioner, Baby Devi, a separate case, being Didarganj Police Station Case No. 229 of 2019, was registered, in which the petitioner is also one of the accused and in that case, the petitioner has been granted bail by the learned Court below itself.

He further submits that insofar as the recovery of illicit liquor is concerned, the same has been recovered from the joint family house of the petitioner, in which other family members of the petitioner also reside. He further submits that the petitioner has got no criminal antecedent of similar nature and he has been remanded in this case on 02.03.2020. After having heard learned Counsel for the parties and taking into consideration the fact that illicit liquor has been recovered from the joint house of the petitioner and others and as per the statement of the petitioner, some of the co-accused persons have been granted bail, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.21244 of 2020(4) dt.24-08-2020 3/3 Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Didarganj Police Station Case No. 230 of 2019. 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 √