Harendra Singh @ Mukri Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36447 of 2021 Arising Out of PS. Case No.-373 Year-2020 Thana- BANIAPUR District- Saran ====================================================== HARENDRA SINGH @ MUKRI SINGH S/o Late Gorakh Singh R/o villageBaniyapur, P.S.- Baniyapur, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate Mr. Rakesh Mohan Singh, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard Mr. Prabhakar Singh, learned counsel for the petitioner and Mr. Dinesh Singh, Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks regular bail in connection with Baniyapur PS Case No. 373/2020 registered for the offence punishable under Sections 30 (a) of Bihar Prohibition and Excise (Amendment) Act, 2018 As per allegation, the police recovered a total quantity of 105 litres of country made liquor from the bamboo clump and the name of the petitioner and others were disclosed by the villagers.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the

Patna High Court CR. MISC. No.36447 of 2021(2) dt.06-01-2022 2/3 disclosure of his name by the local villager and no illicit liquor has been recovered either from conscious possession of the petitioner or from the premises belonging to him. He further submits that the bamboo clump, from where the illicit liquor has been recovered, does not belong to the petitioner and he is in custody since 26.02.2021 having clean antecedent. It is next submitted that today itself similarly situated co-accused namely, Vinay Singh vide Cr. Misc. No. 36400/2021 has been granted bail by this Court.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused person has been granted bail by this Court, petitioner having no criminal antecedent is in custody since 26.02.2021, charge-sheet has been submitted in the matter and no illicit liquor has been recovered either from conscious possession of the petitioner or from the premises belonging to him, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, HARENDRA SINGH @ MUKRI 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 2nd Additional

Patna High Court CR. MISC. No.36447 of 2021(2) dt.06-01-2022 3/3 Sessions Judge-cum-Special Judge, Excise, Saran at Chapra in connection with Baniyapur PS Case No. 373/2020. (Anil Kumar Sinha, J) perwez U T