Mandeep Kumar Singh @ Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31448 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== MANDEEP KUMAR SINGH @ SONU SINGH Son of Manjeet Prasad Singh Resident of Village - Kewatsha, P.S.- Gaighat, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Modi, Adv.

Ms.Nitu Kumari For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2021 Heard Mr. Ratneshwar Prasad, learned counsel for the petitioner and Mr. Vinod Shanker Modi, learned counsel for the State.

Petitioner seeks regular bail in connection with Gaighat P.S. Case No. 60 of 2021 (Benibad O.P.) registered for the offence under Section 272, 273, 414, 34 of the I.P.C. and Section 30 (a), 36, 41 (1) of the Bihar Prohibition and Excise ( Amendment )Act 2018.

The allegation as per the First Information Report is that upon seeing the Police party the persons who were inside the Scorpio and those standing outside started fleeing away and upon chase petitioner was arrested and Police recovered a total quantity of 45 liters of illicit liquor from the Scorpio in question. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has falsely been implicated in this case with oblique motive. He next submits that petitioner was not sitting in the Scorpio vehicle and he was

Patna High Court CR. MISC. No.31448 of 2021(2) dt.13-12-2021 2/2 a passer - by. He further submits that petitioner is not the owner of the vehicle in question from where illicit liquor has been recovered and no illicit liquor has been recovered from the conscious possession and / or vehicle belonging to the petitioner. He further submits that petitioner is in custody since 16-02-2021 and charge sheet has already been submitted. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is not the owner or the driver of the vehicle, he is in custody since 16/02/2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Muzaffarpur in connection with Gaighat ( Benibad O.P.) P.S. Case No.60 of 2021 .

(Anil Kumar Sinha, J) praful/- U T