Kailash Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32871 of 2020 Arising Out of PS. Case No.-298 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== Kailash Singh, Son of Yogendra Singh, Resident of Village - Makardahi, P.S. - Barauni (Refinery), District- Begusarai.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. N.K. Agrawal, Senior Advocate Mr. Vijay Anand, Advocate For the Opposite Party :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-01-2021 Heard Mr. N.K. Agrawal, learned senior counsel for the petitioner and Mr. B.N. Pandey, learned counsel for the State.

The petitioner seeks bail in connection with Barauni (Refinery) P.S. Case No.298 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

It is stated by learned senior counsel for the petitioner that from the perusal of the first information report itself, it would appear that the petitioner was not found present at gate no.10 at industrial area refinery from where seizure of illicit liquor was made. The petitioner had got no concern with the truck bearing registration no.UP83BT-4269 or with other vehicles found present at the place of occurrence from which

Patna High Court CR. MISC. No.32871 of 2020(3) dt.20-01-2021 2/3 recoveries were made. He further contended that the petitioner has been made accused in the present case merely because he happens to be brother of the main accused Kare Singh @ Karu Singh against whom the allegation is that he is a liquor mafia and has gone to jail several times in connection with illegal trade of liquor. Lastly, he contended that the petitioner is in custody since 14.08.2020 and having roots in the society, he is not likely to abscond or tamper with the evidence, if released on bail.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. He contended that in the first information report, it is alleged that it was the brother of the petitioner Kare Singh @ Karu Singh, who was responsible for the illegal trade of liquor, but during investigation, the other witnesses have named the petitioner also as one of the persons involved in illegal trade of liquor with the main accused Kare Singh @ Karu Singh.

Regard being had to the materials on record and the submissions advanced on behalf of the parties, the petitioner 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 learned A.D.J.-II-cum-

Patna High Court CR. MISC. No.32871 of 2020(3) dt.20-01-2021 3/3 Special Judge, Excise, Begusarai in connection with Barauni (Refinery) P.S. Case No.298 of 2020.

(Ashwani Kumar Singh, J.) sanjeet/- U T