Chhotu Singh @ Praveen Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40127 of 2023 Arising Out of PS. Case No.-11 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== CHHOTU SINGH @ PRAVEEN KUMAR SINGH Son Of- Pashuram Singh Resident Of Village- Karcholia, P.S.- Basantpur, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Adv.
For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-07-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Basantpur P.S. Case No. 11 of 2020, dated 11.01.2020 registered for the offences punishable under Sections 272, 273, 308, 379 read with Section 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 216 litres of Indian made foreign liquor from a pick-up van but admittedly the petitioner was not apprehended at the spot and two co-accused persons namely, Aditya Kumar and Mukesh Kumar are said to have been arrested at the spot with the alleged liquor, who disclosed the name of this petitioner and other
Patna High Court CR. MISC. No.40127 of 2023(2) dt.17-07-2023 2/3 accused persons being involved in the smuggling of the alleged seized liquor but the said allegation is completely false and petitioner has been falsely roped in this case. Further submissions are that the apprehended co-accused persons Aditya Kumar and Mukesh Kumar Singh have been granted bail by different Benches of this Court vide orders passed in Cr. Misc. Nos. 6005 of 2020 and 10210 of 2020 respectively and three other co-accused persons namely, Rajesh Kumar, Sharawan Singh@ Sharwan Kumar Singh and Abhimanu Sahni @ Abhimanu Kumar have been granted anticipatory bail by a coordinate Bench of this Court vide order passed in Cr. Misc. No. 9520 of 2020 and the petitioner has been languishing in jail since 12.05.2023 and against him, the investigation has been completed.
4. Learned APP appearing for the State opposes the prayer for bail.
5. Considering the above submissions and mainly the facts that the petitioner was not apprehended at the spot and his name came into light in the statement of apprehended coaccused persons who are on bail, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.40127 of 2023(2) dt.17-07-2023 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Basantpur P.S. Case No. 11 of 2020.
(Shailendra Singh, J.) Maynaz/- U T