Kulwant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30430 of 2022 Arising Out of PS. Case No.-236 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== KULWANT SINGH S/o Awatar Singh Resident of Dera Baba Banda Badur, Police Station- Resi, District- Resi (Jammu Kashmir) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-11-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned S.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 420, 467, 468, 471 and 120B of the Indian Penal Code and Sections 30(a), 32, 36 and 41(1) of the Bihar Prohibition Liquor and Excise Act, 2016 as amended by Amendment Act 8 of 2018.

As per the prosecution case, on secret information, the police raided a truck which was being driven by the petitioner and on search, 5306.76 litres of illicit foreign liquor was

Patna High Court CR. MISC. No.30430 of 2022(2) dt.16-11-2022 2/2 recovered from the said truck.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.04.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that huge quantity of illicit foreign liquor was recovered from the said truck which was being driven by the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with Koilwar (Gidha O.P.) P.S. Case No. 236 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T