Shailesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26803 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== SHAILESH SINGH Son of Jitender Singh Resident of Village- Surajpura, P.S.- Basantpur, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2020 Heard Mr. Pankaj Kumar Dubey, learned counsel for the petitioner and Mr. Sunil Kumar Pandey, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Sidhwalia PS Case No. 49/2020 registered for the offence punishable under Sections 414/34 IPC and 30(a) of Bihar Prohibition & Excise (Amendment) Act 2018.

3. The allegation against the petitioner, as per First Information Report, is that the police on the basis of confidential information proceeded towards the place of occurrence and upon seeing the police party some persons tried to flee away and upon chase, police apprehended one person, namely, Shailesh Singh i.e., the petitioner and on search, the police recovered 43.200 litres of country made foreign liquor

Patna High Court CR. MISC. No.26803 of 2020(2) dt.16-10-2020 2/3 from Maximo Vehicle and further police recovered 138.240 Litres country made foreign liquor from a canal.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and his father is the owner of the said Maximo Vehicle which was hired by co-accused, Munna Yadav and the petitioner was not aware about the illicit liquor being kept in the said vehicle.

5. Learned counsel for the petitioner further submits that petitioner is in custody since 18.05.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedents and is in custody since 18.05.2020, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, SHAILESH SINGH be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IIcum-Special Judge, Excise, Gopalganj, in connection with Sidhwalia PS Case No. 49/2020.

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

Patna High Court CR. MISC. No.26803 of 2020(2) dt.16-10-2020 3/3 lockdown and social distancing.

(Anil Kumar Sinha, J) perwez U T