Pintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38539 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- RAJPUR District- Buxar ====================================================== PINTU SINGH S/o Ram Prawesh Mahato @ Ram Pravesh Singh R/o VillagePadari, P.S.- Buxar (Industrial), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 The Ld. Counsel for the petitioner, at the outset, submits that in paragraph no. 14 of the present petition, the date of surrender before the learned court below has been mentioned as 06.04.2021 whereas the fact is that he was remanded in the present case on 19.4.2021. In such view of the matter, paragraph no. 14 stands modified to the said extent.

Heard.

The petitioner seeks regular bail in connection with Rajpur P.S. Case No. 27 of 2021 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 1347.840 liters of illicit foreign liquor from a pick-up van, whereafter one coaccused person was apprehended on the spot, who is stated to

Patna High Court CR. MISC. No.38539 of 2021(2) dt.14-12-2021 2/3 have disclosed the name of the petitioner as one of his accomplice.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 19.04.2021. It is submitted that the petitioner has been remanded in the present case on 19.04.2021. It is further submitted that other co-accused persons have already been granted bail by co-ordinate Benches of this Court vide orders dated 12.08.2021, 13.08.2021 5.10.2021 and 09.12.2021 passed in Cr. Misc. No. 30141 of 2021, Cr. Misc. No. 30201 of 2021, Cr. Misc. No. 39822 of 2021 and Cr. Misc. No. 29685 of 2021, respectively. Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted bail by co-ordinate Benches of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.38539 of 2021(2) dt.14-12-2021 3/3 Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd -cumSpecial Judge (Excise Act), Buxar in connection with Rajpur P.S. Case No. 27 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T