Pritam Singh @ Pritam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26842 of 2020 Arising Out of PS. Case No.-429 Year-2018 Thana- MAHUA District- Vaishali ====================================================== PRITAM SINGH @ PRITAM KUMAR Son of Ranjay Singh Resident of Village - Taraura, P.S.- Mahua, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2020 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Mahua Police Station Case No. 429 of 2018, registered for the offences punishable under Sections 414/34 of the Indian Penal Code and Section 30/30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police, on the basis of secret information that the petitioner has kept a consignment of illicit liquor in the village Dayalpur, proceeded towards the place of occurrence and recovered a total quantity of 1722 litres of illicit liquor from the house of Pramod Singh and Santosh Singh. It has further been

Patna High Court CR. MISC. No.26842 of 2020(2) dt.16-10-2020 2/3 alleged in the First Information Report that the seized illicit liquor has been kept in the house of Pramod Singh and Santosh by the petitioner.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive. He further submits that from perusal of the First Information Report and the seizure list, it would be evident that the illicit liquor has not been recovered from the conscious possession or the premises belonging to the petitioner; rather the same has been recovered from the house of Pramod Singh and Santosh Singh. He further submits that co-accused Pramod Singh has been granted bail by this Court, vide order passed in Criminal Misc. No. 22766 of 2020. He further submits that the petitioners are in custody since 27.02.2020.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that co-accused person, from whose house illicit liquor has been recovered, has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.26842 of 2020(2) dt.16-10-2020 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cumspecial Judge, Excise, Vaishali, at Hajipur, in connection with Mahua Police Station Case No. 429 of 2018.

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.) Prabhakar Anand/- U √ T √