Alok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21983 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== ALOK KUMAR SINGH, aged about 41 years, Gender, Male, S/o- LATE DINESH PRASAD SINGH Village- Suhai Ps- Dumra Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Dumra P.S. Case No. 44 of 2023 dated 23.01.2023 registered for the offence(s) punishable under Section(s) 413, 414, 420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 30(a), 32(ii)(iii), 36 and 41(i),(ii) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 2674.80 litres of foreign liquor and the same is stated to have been recovered from a truck, a car, a Scorpio vehicle and a motorcycle, petitioner is only concern to the recovery made from the car and as per allegation, 900 litres of

Patna High Court CR. MISC. No.21983 of 2023(2) dt.11-05-2023 2/3 English wine is stated to have been recovered from the petitioner's car but in actual the said recovery has been wrongly shown as having been made from the petitioner's vehicle and as such he has been falsely roped in this case, though against the petitioner, there is criminal antecedent of one case but he is on bail in the said case and in the present time, he has been languishing in jail since 25.01.2023 and similarly situated coaccused persons, namely, Rakesh Kumar and Umesh Kumar have been granted regular and anticipatory bail respectively by different co-ordinate Benches of this Court vide orders passed in Cr. Misc. Nos. 22284 of 2023 and 25627 of 2023 respectively and the case of this petitioner is completely identical to the co-accused Rakesh Kumar and against the petitioner, the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the completion of investigation against the petitioner and the privilege of bail having been granted to similarly situated coaccused persons, as mentioned-above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in

Patna High Court CR. MISC. No.21983 of 2023(2) dt.11-05-2023 3/3 connection with Dumra P.S. Case No. 44 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T