Gauri Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40793 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== GAURI SINGH S/o Late Rajeshwar Singh R/o village- Bans Dariyapur, P.S.- Barahiya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Case No. 11C2 of 2021 for the offence registered under Sections 30(a), 41 and 56(a) of the Bihar Prohibition & Excise Act, 2018.

The allegation is regarding recovery of 501 litres of illicit liquor from a brinjal field situated behind the Primary Health Centre near the N.H. 80.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor the brinjal field from where the illicit liquor has been recovered,

Patna High Court CR. MISC. No.40793 of 2021(2) dt.03-01-2022 2/2 belongs to the petitioner. Lastly, it is submitted that the petitioner is languishing in custody since 08.04.2021. Per contra, the learned counsel 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 petitioner and taking into account the materials available on record as also considering the fact that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor the brinjal field from where the illicit liquor has been recovered, belongs to the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IIcum-Special Judge (Excise), Lakhisarai in connection with Excise Case No. 11C2 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T