Malkhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37057 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- BARUN District- Aurangabad ====================================================== MALKHAN SINGH Son of Late Rambachan singh Resident of Village - Badwan, P.S. - Nabinagar, Dist. - Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with G.R. No. 241/2021 arising out of Barun P.S. Case No. 40 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation is regarding recovery of 870 litres of illicit liquor from a Tata Sumo vehicle and the petitioner was found sitting in the said vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 24.02.2021. The learned counsel for the petitioner has referred to paragraph no. 8 of present petition to submit that the vehicle in question/

Patna High Court CR. MISC. No.37057 of 2021(2) dt.14-12-2021 2/2 illicit liquor seized from the said vehicle does not belong to the petitioner.

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

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 as also considering the fact that the petitioner is not the owner of the vehicle in question and he is languishing in custody since 24.02.2021, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to 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 Sessions Judge-II-cumSpecial Judge (Excise), Aurangabad in connection with Barun P.S. Case No. 40 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T