Patna High CourtCR. MISC./36409/2020bail granted

Kare Singh @ Karu Singh v. The State Of Bihar

2021-03-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36409 of 2020 Arising Out of PS. Case No.-298 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== Kare Singh @ Karu Singh Son of Yogendra Singh Resident of Vill. Makardahi, P.S. Barauni (REFINERY), District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr. Advocate Mr.Vijay Anand, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-03-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 14.09.2020 in connection with Barauni (Refinery) P.S. Case No. 298 of 2020 for the alleged offences under Sections 30(a), 40(1)(2) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of a total of 1046.760 litres of foreign liquor from different vehicles near the Gate No. 10 of Industrial Area Refinery, District Begusarai. A categorical statement has been made that the petitioner has no concern with the said vehicles or the seized liquor and no incriminating articles have been recovered from the conscious possession of the petitioner. A statement is made at the Bar that the petitioner has been acquitted in Mufassil (Begusarai) P.S. Case No. 394 of

Patna High Court CR. MISC. No.36409 of 2020(4) dt.22-03-2021 2/2 2006, and that he has been granted bail in the only other case i.e. Bachhwara P.S. Case No. 164 of 2019 in which he is accused. The petitioner has already suffered more than six months in custody since 14.09.2020 and claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 14.09.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ADJ-II-cum-Special Judge, Excise, Begusarai in connection with Barauni (Refinery) P.S. Case No. 298 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T