Kailash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50064 of 2021 Arising Out of PS. Case No.-163 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== KAILASH SINGH S/o SUKHDEO SINGH Resident of Village- Kamaldah, P.S.- Bathnaha,District- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on information having been received a raid was conducted and 166.5 litres of liquor was recovered. The drivers were arrested. One of them namely Vikash Gaurav disclosed that the liquor was to be delivered to the petitioner.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has been falsely implicated in the case. He is in custody since 6.7.2021 and has no criminal antecedent. Charge sheet has

Patna High Court CR. MISC. No.50064 of 2021(2) dt.23-02-2022 2/2 been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner not having any criminal antecedent and having remained in custody for over 7 months, the Court directs the petitioner to be enlarged on bail in connection with Bathnaha P.S. Case no. 163 of 2021 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 Addl. District and Sessions Judge II, Special Judge (Excise), Sitamarhi. (Partha Sarthy, J) Prakash/- U