Harischander Singh @ Harischander Kumar @ Bidhayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32702 of 2023 Arising Out of PS. Case No.-323 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Harischander Singh @ Harischander Kumar @ Bidhayak S/o Vishun Deo Singh @ Vishnu Deo Singh R/O Fatehpur, P.S.-Mushrigharari, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks regular bail in connection with Bibhutipur P. S. Case No. 323 of 2020 (G.R. No. 900 of 2023) registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. Learned counsel for the petitioner submits that the there is recovery of 4872.240 litres of illicit foreign liquor from the truck in question and also the petitioner is in custody since 05.04.2023.

Patna High Court CR. MISC. No.32702 of 2023(2) dt.23-05-2023 2/3 Learned APP has vehemently opposed the prayer for bail.

The petitioner has offered to pay Rs. 50,000/- (Rupees fifty thousand) in the Ramkrishna Mission, Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar -842002 without accepting his guilt.

Considering the nature of allegation levelled against the petitioner and his period of custody, this application is allowed.

Let the petitioner, above named, 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 the learned Special Excise Judge-I, Samastipur in connection with Bibhutipur P. S. Case No. 323 of 2020 (G.R. No. 900 of 2023). The petitioner shall deposit an amount of Rs. 50,000/- (Rupees fifty thousand) as has been offered by him, in the Ramkrishna Mission, Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar -842002 and will produce the receipt of the same at the time of furnishing the bail bonds in the court below. The bail bonds of the petitioner shall be accepted only after he produce the receipt of Rs. 50,000/- (Rupees fifty thousand) issued by the Ramkrishna Mission, Sevashrama,

Patna High Court CR. MISC. No.32702 of 2023(2) dt.23-05-2023 3/3 Swami Vivekananda Path, Bela, Muzaffarpur, Bihar -842002 and after verification of the genuineness of the said receipt from concerned Ramkrishna Mission Ashram.

(Sandeep Kumar, J) shakir/- U T