Satyendra Singh @ Satendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32167 of 2021 Arising Out of PS. Case No.-263 Year-2020 Thana- PIPRA District- East Champaran ====================================================== SATYENDRA SINGH @ SATENDRA SINGH SON OF DEWANAND SINGH Resident of Village - Chintamanpur, P.S.- Pipra, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P. .

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-12-2021 Heard Ms. Rashmi Jha, learned counsel for the petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Pipra P.S. Case No. 263 of 2020 registered for the offences punishable under Sections 272, 273, 120B/34 of the Indian Penal Code 1860, Sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that Police on the basis of secret information that a consignment of liquor has been brought by the petitioner and the co-accused Rajeshwar Pandey in a truck, proceeded towards the place of occurrence and recovered a total quantity of 8000 litres of illicit

Patna High Court CR. MISC. No.32167 of 2021(2) dt.15-12-2021 2/3 spirit from the same.

Learned counsel for the petitioner submits that the petitioner is not the owner of the truck in question. Learned counsel further submits that the petitioner has been made accused in the present case on the basis of secret information received by the Police only. She also submits that no illicit liquor and/or spirit has been recovered either from conscious possession of the petitioner or the vehicle belonging to him. She next submits that the similarly situated co-accused Rajeshwar Pandey has been granted bail by a co-ordinate Bench of this Court in Cr. Misc.35666 of 2020. The petitioner is in custody since 8.9.2020.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 8.9.2020, charge sheet has already been submitted and similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum

Patna High Court CR. MISC. No.32167 of 2021(2) dt.15-12-2021 3/3 Special Judge, Excise, Motihari, East Champaran, in connection with Pipra P.S. Case No. 263 of 2020 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T