Suresh Kumar Singh @ Suresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30900 of 2020 Arising Out of PS. Case No.-186 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== SURESH KUMAR SINGH @ SURESH SINGH S/o Ram Sagar Singh Resident of Village-Barka Gaon tole-Bhara, P.S.-Karja, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 272, 273/34 of I.P.C. and 30 of Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 2136 liters wine is recovered.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.30900 of 2020(2) dt.24-11-2020 2/2 petitioner is in custody since 21.07.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2136 liters wine is recovered from the truck, which was parked in the poultry farm of co-accused Rabindra Singh. The name of the petitioner has been come in this case as he happens to be the brother-in-law of co-accused Rabindra Singh. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Muzaffarpur in connection with Karja P.S. case No.186 of 2020. (Sudhir Singh, J) Narendra/- U T