Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25766 of 2020 Arising Out of PS. Case No.-79 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== MUNNA SINGH Son of Bindhyachal Singh Resident of Village - Balua Dhanukhi, P.S. - Jitna, District - East Champaran. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Yashraj Bardhan, Advocate.

For the State :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2020 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application, through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 26.09.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Ghorasahan (Jitna) P.S. Case No.79 of 2020 registered under Sections 272 and 273 of the Indian Penal Code besides Section 30(a) of the Bihar Prohibition of Liquor Act, 2016.

The accusation is that in course of patrolling by the SSB Party, some persons were seen moving putting the sacks in their

Patna High Court CR. MISC. No.25766 of 2020(2) dt.14-10-2020 2/2 heads. On seeing the SSB Party, while all started to flee away throwing the sacks but two persons were apprehended, who disclosed their name as Ramdeo Mahto and Dhirendra Kumar Singh. On search of 9 sacks, 1020 bottles, each containing 300 ml. Nepali Country Made Kasturi Liquor, were recovered. The aforesaid apprehended accused persons, namely, Ramdeo Mahto and Dhirendra Kumar Singh, disclosed the name of five other persons including the petitioner, who succeeded to flee away.

Learned counsel appearing on behalf of the petitioner submits that the petitioner was not apprehended on the spot rather his name has surfaced in the confessional statement of the aforesaid apprehended accused persons, namely, Ramdeo Mahto and Dhirendra Kumar Singh. The petitioner has no criminal antecedent and is in custody since 17.06.2020.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge under Excise Act, East Champaran at Motihari, in connection with Ghorasahan (Jitna) P.S. Case No.79 of 2020. (Rajendra Kumar Mishra, J) P.S./- U T