Kuldeep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35147 of 2021 Arising Out of PS. Case No.-149 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== KULDEEP SINGH Son of Shyam Bihari Singh Resident of VillageDhaudadh, P.S.- Sasaram (M), District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudama Singh, Adv.

Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2022 Heard Mr. Sudama Singh, learned counsel for the petitioner and Mr. Binod Kumar, Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks regular bail in connection with Sasaram (M) PS Case No. 149/2019 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.

The allegation, as per First Information Report, is that the police, on the basis of secret information that the petitioner along with other accused persons has brought the consignment of illicit liquor in a tanker and are planning to distribute it to the local supplier, proceeded towards the place of occurrence and upon seeing the police party the accused persons fled away and upon search the police recovered 13230 litres of illicit liquor

Patna High Court CR. MISC. No.35147 of 2021(2) dt.04-01-2022 2/3 from the said tanker. It is further alleged that one Santro Car bearing Registration No. DL4CP 5722 and a Maruti Car bearing Registration No. BRO1C-8088 were also seized by the police from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of secret information and he has not committed any offence in the manner alleged. Learned counsel further submits that petitioner is in custody since 05.11.2020.

On the other hand, learned counsel for the State submits that petitioner is a habitual offender inasmuch as six cases of similar nature is pending against him and he is named in the FIR and the petitioner brought the consignment of a huge quantity of illicit liquor in a tanker. Accordingly, he does not deserve the privilege of bail.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the nature of allegation and the fact that the petitioner is a habitual offender and a huge quantity of illicit liquor has been recovered from the place of occurrence, I am not inclined to grant regular bail to the petitioner. The same is, hereby, rejected. However, petitioner may renew his prayer for bail

Patna High Court CR. MISC. No.35147 of 2021(2) dt.04-01-2022 3/3 after six months from today, if the trial does not record any progress.

(Anil Kumar Sinha, J) perwez U T