Krishna Singh @ Bedardi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43247 of 2021 Arising Out of PS. Case No.-23 Year-2020 Thana- JAMOBAZAR District- Siwan ====================================================== KRISHNA SINGH @ BEDARDI SINGH S/o- Raghunath Singh Resident of Village - Bishmbharpur, P.S. - Jamo Bazar, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr.Harendra Prasad, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jamo Bazar P.S. Case No. 23 of 2020 for the offence registered under Sections 272, 273 and 308/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition Excise Act, 2016. The allegation is regarding recovery of 1594.080 litres of foreign liquor from the cattle shed of the co-accused person namely Kamlesh Singh.

The learned senior counsel for the petitioner Shri Ramakant Sharma has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 10.04.2021. The learned senior

Patna High Court CR. MISC. No.43247 of 2021(2) dt.27-01-2022 2/3 counsel for the petitioner has further submitted that though the petitioner is an accused in one other case but he is on bail in the said case. It is further submitted that admittedly recovery of illicit foreign liquor has been made from the cattle shed of the co-accused person namely Kamlesh Singh who in fact has already been granted bail by a coordinate Bench of this Court vide order dated 12.08.2021 passed in Criminal Misc. No. 30110 of 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 senior 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 from his house and the same has been recovered from the cattle shed of the co-accused person who is stated to have already been granted bail by a coordinate Bench of this Court, 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/-

Patna High Court CR. MISC. No.43247 of 2021(2) dt.27-01-2022 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge-IIcum-Special Judge, Siwan in connection with Jamo Bazar P.S. Case No. 23 of 2020.

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