Ram Keshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39377 of 2021 Arising Out of PS. Case No.-35 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAM KESHWAR SINGH S/o Late Shatish Singh @ Chhatish Singh R/o village- Pansalla, P.S.- Begusarai Muffasil (Lakho), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Singh, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2022 Heard Mr. Ram Sumiran Singh, learned counsel for the petitioner and Mr. Ashok Kumar, Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks regular bail in connection with Begusarai Mufassil PS Case No. 35/2021 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016. As per allegation, the police on the basis of secret information recovered 99 litres of foreign liquor from the cowshed/Bathan of petitioner. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case at the behest of his rival namely, Ram Pravesh Singh and he is not the owner of cowshed/Bathan from where the illicit liquor has been recovered. Learned counsel further submits that even if, for the sake of argument, the allegation made in the FIR is taken on its face value,

Patna High Court CR. MISC. No.39377 of 2021(2) dt.22-01-2022 2/2 the illicit liquor has not been recovered from the conscious possession of the petitioner and the cow-shed/Bathan is an open place which is accessible to all and sundry.

Learned counsel next submits that petitioner is in custody since 11.04.2021 and the charge-sheet has been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 11.04.2021 and the charge-sheet has been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, RAM KESHWAR SINGH be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in Begusarai Mufassil PS Case No. 35/2021.

(Anil Kumar Sinha, J) perwez U T