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Patna High CourtCR. MISC./41040/2023bail granted

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

2023-07-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41040 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Pintu Kumar Singh @ Pintu Singh, Son Of Devendra Prasad Singh @ Mishri Singh @ Devendra Singh @ Mishri Lal Singh Resident Of Village - Fatehpur, P.S.- Musrigharari, District - Samastipur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 41(1), 41(2) of the Excise Act, 2022.

The learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and the allegation is of recovery of 1350 litres of liquor from an old kiln situated in village Ramapur Maheshpur.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that he came to be implicated at the instance of villagers, but

Patna High Court CR. MISC. No.41040 of 2023(2) dt.04-07-2023 2/2 then the F.I.R. does not disclose the name of the villagers, who disclosed the name of the petitioner. It is next submitted that petitioner was implicated because of his antecedent, when the alleged recovery is from a place which does not belong to him. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-02, Samastipur in connection with Tajpur P. S. Case No.229 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T