Chhotu Singh @ Chhotu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33233 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== CHHOTU SINGH @ CHHOTU KUMAR SINGH Son of Chhatish Singh Resident of Village- Doniya Tola, Pakra, P.S.- Naugachia, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State, Sri Mukesh Kumar Singh.

The petitioner seeks regular bail in connection with Naugachia P.S. Case No.

30/2021/, registered for the offence punishable under Sections 30(F) of the Bihar Prohibition and Excise Amendment Act, 2018.

Patna High Court CR. MISC. No.33233 of 2021(2) dt.10-12-2021 2/3 The allegation is regarding recovery of 3 pieces of Mdryl-C syrup and one bundle of silver paper generally used for inhaling smack from the tea stall of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 23.1.2021. The learned counsel for the petitioner has further submitted that neither any illicit liquor nor any narcotic and psychotropic substance has been recovered from the tea stall of the petitioner.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the

Patna High Court CR. MISC. No.33233 of 2021(2) dt.10-12-2021 3/3 petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II cum Special Judge (Excise Act), Bhagalpur in connection with Naugachia P.S. Case No. 30/2021.

(Mohit Kumar Shah, J) Ajay/- U T