Vinay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36400 of 2021 Arising Out of PS. Case No.-373 Year-2020 Thana- BANIAPUR District- Saran ====================================================== VINAY SINGH S/o Harendra Singh @ Mukri Singh Resident of VillageBaniyapur, P.S.- Baniyapur, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard Mr. Bipin Kumar, learned counsel for the petitioner and Mr. Binod Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Baniyapur P.S. Case No. 373/2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per the 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

Patna High Court CR. MISC. No.36400 of 2021(2) dt.06-01-2022 2/3 petitioner has falsely been implicated in this case on the disclosure of his name by the local villager and no illicit liquor has been recovered either from conscious possession of the petitioner or 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 26.2.2021 having no criminal antecedent.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 26.2.2021, charge sheet has already been submitted and no illicit liquor has been recovered either from conscious possession of the petitioner or the premises belonging to him, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge-II-cum-Special Judge Excise, Saran at Chapra, in connection with Baniyapur P.S. Case No. 373 of

Patna High Court CR. MISC. No.36400 of 2021(2) dt.06-01-2022 3/3 2020.

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) S.Ali/- U T