Abhishek Kumar Singh @ Robin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37770 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.
ABHISHEK KUMAR SINGH @ ROBIN KUMAR S/o Brajesh Singh R/o village- Keotsa (Kewtasha), P.S.- Gaighat (Benibad O.P.), Distt.- Muzaffarpur 2.
RAJA KUMAR @ RAJA S/O SANJIVAN RAY RR/o village- Keotsa (Kewtasha), P.S.- Gaighat (Benibad O.P.), Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard Mr. Yogendra Kumar Singh, learned counsel for the petitioners and Mr. Pawan Kumar Chaurasia, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioners seek regular bail in connection with Gaighat P.S. Case No. 60 of 2021 (Benibad O.P.) registered for the offences punishable under Sections 272, 273, 414, 34 of the Indian Penal Code 1860, Sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2016.
One Scorpio vehicle was intercepted by the Police and the accused persons standing there started fleeing away. However, the Police arrested co-accused Mandeep Kumar Singh
Patna High Court CR. MISC. No.37770 of 2021(2) dt.07-01-2022 2/3 @ Sonu Singh and recovered a total quantity of 45 litres of illicit liquor from the said vehicle.
Learned counsel for the petitioner submits that the petitioner is neither the owner nor the driver of the Scorpio vehicle and the name of the petitioner has transpired on the basis of disclosure made by arrested co-accused. Learned counsel further submits that co-accused Mandeep Kumar Singh @ Sonu Singh has already been granted bail by this Court in Cr. Misc. 31448 of 2021. The petitioners are in custody since 9.3.2021 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 other co-accused person has been granted bail by this Court, the petitioners have got no criminal antecedents, they are in custody since 9.3.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Gaighat P.S. Case No. (Benibad O.P.) 60 of 2021.
Patna High Court CR. MISC. No.37770 of 2021(2) dt.07-01-2022 3/3 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