Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37047 of 2021 Arising Out of PS. Case No.-364 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== CHANDAN SINGH SON OF SUKHRAM SINGH Resident of Village - Nayaka Barka Baiju Tola, P.O.- Rivilganj, P.S.- Rivilganj, Dist.- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amitesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard Mr. Rakesh Kumar, learned counsel for the petitioner and Mr. Amitesh Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Rivilganj P.S. Case No. 364 of 2020 registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

The Police on the basis of secret information that the petitioner and others have brought the consignment of liquor and has kept in the house of co-accused Dhanji Singh, proceeded towards the place of occurrence and

Patna High Court CR. MISC. No.37047 of 2021(2) dt.07-01-2022 2/3 recovered a total quantity of 150 litres of illicit liquor from the hutment of Dhanji Singh and two Motorcycle parked near his hutment.

Learned counsel for the petitioner submits that the petitioner is not the owner of the Motorcycles from where 100 litres of illicit liquor has been recovered and rest of the liquor has been recovered from the hutment of Dhanji Singh and not either from the conscious possession of the petitioner or the premises belonging to him. He next submits that the petitioner is in custody since 17.3.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that no illicit liquor has been recovered from conscious possession of the petitioner, petitioner is in custody since 17.3.2021 and charge sheet has already been submitted, 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.25,000/- (Twenty five thousand) with two sureties of the

Patna High Court CR. MISC. No.37047 of 2021(2) dt.07-01-2022 3/3 like amount each to the satisfaction of learned IInd Additional Sesions Judge-cum-Special Juge, Excise, Saran at Chapra, in connection with Rivilganj P.S. Case No. 364 of 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