Dinesh Kumar @ Mithu Singh @ Vinay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39448 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- RAJPUR District- Buxar ====================================================== DINESH KUMAR @ MITHU SINGH @ VINAY KUMAR SINGH Son of Rajendra singh Resident of Village - Hethua, P.S. - Rajpur, District - Buxar (Bihar).
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar, Adv.
For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-01-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and Sri Arun Kr. Pandey, the learned APP for the State. The petitioner seeks regular bail in connection with Rajpur PS case no. 40 of 2021 instituted for the offences punishable under Sections 467, 468, 469, 471, 120B/34 of Indian Penal Code and 30(a)(d) of Bihar Prohibition and Excise Act, 2018. The allegation is regarding recovery of 22 liters of illicit liquor from the house of the co-accused person namely Shyam Narayan Sah and 23.200 liters of illicit liquor from the house of Awadh Bihari Sah & the police force had then arrested the other co-
Patna High Court CR. MISC. No.39448 of 2021(2) dt.28-01-2022 2/3 accused persons from the spot.
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 09.04.2021. The learned counsel for the petitioner has further submitted that three of the co-accused persons have already been granted bail by co-ordinate Benches of this Court, one of such order being the one dated 13.12.2021, passed in Cr. Misc. no. 36973 of 2021. It is next submitted that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor from his house and moreover, he has also not been arrested from the spot but his name has transpired in the present case upon disclosure made by the arrested co-accused persons.
Per contra, the learned A.P.P. 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 parties and taking into account the materials available on record as also considering the fact that the illicit liquor has neither been recovered from the conscious possession of the petitioner nor from his house and moreover, similarly situated co-accused persons have already been granted bail by coordinate Benches of this Court, I deem it fit and proper to admit
Patna High Court CR. MISC. No.39448 of 2021(2) dt.28-01-2022 3/3 the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional District & Sessions Judge II-cum-Special Judge, Excise, Buxar in connection with Rajpur PS case no. 40 of 2021. (Mohit Kumar Shah, J) rinkee/- U T