Govind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28603 of 2020 Arising Out of PS. Case No.-224 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== GOVIND KUMAR SINGH Son of Sudhir Singh Resident of Village- Massar, P.S.- Udwantnagar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-11-2020 Heard Mr. Ravindra Kumar, learned counsel for the petitioner and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Udwantnagar PS Case No. 224/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.

3. The allegation, as per First Information Report, is that the police intercepted one Scorpio Vehicle and a pick up van and recovered total quantity of 653 litres of illicit liquor from the said vehicles. It is further alleged that the name of the petitioner has been disclosed by one Rahul Kumar who is the driver of the pick-up van.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.28603 of 2020(2) dt.24-11-2020 2/3 and he has falsely been implicated in this case on the basis of statement made by the co-accused, Rahul Kumar. Learned counsel further submits that petitioner is not the owner of the pickup van or of the Scorpio vehicle and no illicit liquor has been recovered from the conscious possession of the petitioner or from the vehicles belonging to him.

5. Learned counsel for the petitioner further submits that petitioner is in custody since 23.06.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is not the owner of the said vehicles and no illicit liquor has been recovered from his conscious possession, I am inclined to grant regular bail to the petitioner subject to the condition that the petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

7. Accordingly, let the petitioner, GOVIND KUMAR SINGH be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Judge, Excise, Bhojpur at Ara in

Patna High Court CR. MISC. No.28603 of 2020(2) dt.24-11-2020 3/3 connection with Udwantnagar PS Case No. 224/2020.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T