Jawahar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30493 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- CHARPOKHARI District- Bhojpur ====================================================== JAWAHAR SINGH Son of Sudarsan Singh Resident of Village - Garhani, Dhayani Tola, P.S.- Charpokhari, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2021 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mrs. Asha Kumari, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Excise Case No. 412 of 2021 arising out of Charpokhari P.S. Case No. 32 of 2021 registered for the offence under Section 420 , 379 / 34 of the I.P.C. and Section 30 (a) , 38 of the Bihar Prohibition and Excise Act, 2016.

1180.44 liters of illicit liquor has allegedly been recovered from the husk house of the petitioner. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely because liquor in question has been recovered from his husk house situated in front of the joint house in which other family members of the petitioner also reside. He next submits that husk house is situated outside the residential premises which is

Patna High Court CR. MISC. No.30493 of 2021(2) dt.08-12-2021 2/2 an open space accessible to all and sundry. He next submits that petitioner has got no criminal antecedent, he is in custody since 24-02-2021 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 has got no criminal antecedent, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail, 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 Additional District Judge- IV, Bhojpur at Ara in connection with Excise Case No. 412 of 2021 arising out of Charpokhari P.S. Case No. 32 of 2021. (Anil Kumar Sinha, J) praful/- U T