Milan Mohan Singh @ Sintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27609 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== Milan Mohan Singh @ Sintu Singh S/O Shyam Prasad Singh Resident of Village- Tilai, P.S.- Andhrathari, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Bhairavsthan P.S. Case No. 183 of 2022 dated 01.10.2022 registered for the offences punishable under Sections 34, 420, 467, 468 and 471 of IPC and Sections 30(a), 32, 36 and 41 of Bihar Prohibition and Excise (Amendment) Act, 2018. 3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 1548 litres of illicit foreign liquor from a truck and as per allegation four co-accused persons including co-accused Shivam Thakur were apprehended from the said vehicle and the said coaccused Shivam Thakur disclosed the names of this petitioner and nine other co-accused persons being involved in the alleged

Patna High Court CR. MISC. No.27609 of 2023(2) dt.17-05-2023 2/3 crime of smuggling of alleged liquor and the said co-accused Shivam Thakur has been granted regular bail by a co-ordinate bench of this Court vide order passed in Cr. Misc. No. 63227 of 2022. Further submissions are that co-accused Md. Akbar, who was arrested at the spot, has also been granted regular bail by a co-ordinate bench of this Court vide order passed in Cr. Misc. No. 2509 of 2023 and petitioner's case stands on better footing from the said co-accused persons Shivam Thakur and Md. Akbar as the petitioner is not alleged to have been arrested at the spot of recovery. Further submissions are that the petitioner has been languishing in jail since 04.03.2023 and against him there are criminal antecedents of two cases in which he is on bail and against him the investigation has been completed. 4.

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

5.

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 and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6.

Accordingly, let the petitioner named-above be enlarged

Patna High Court CR. MISC. No.27609 of 2023(2) dt.17-05-2023 3/3 on bail in connection with Bhairavsthan P.S. Case No. 183 of 2022 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Shahnawaz/- U T