Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51634 of 2016 Arising Out of PS.Case No. -254 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Chandan Singh, son of Vishwanath Singh, resident of Village- Kuari Madan, P.S.- Majorganj, 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. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 11.06.2016 in connection with C2-254/16 for offences punishable under Sections 47(A) of the Bihar Excise (Amendment) Act, 2016. The prosecution case is that Special SSB team conducted inspection and arrested the petitioner along with another co-accused while two others managed to escape and from their custody 54.9 litres of Nepali saufi wine was recovered. It has been submitted by the learned counsel for the petitioner that he is innocent, an engineer by profession and has falsely been implicated in the aforesaid case. He submits that he has no criminal history and that charge-sheet has already been

Patna High Court Cr.Misc. No.51634 of 2016 (2) dt.13-12-2016 2/2 submitted, hence, there is no chance of tampering with the prosecution evidence. He further submits that on similar allegation another co-accused Sachin Kumar @ Schin Kumar has since been granted the privilege of bail by this Court in Cr. Misc. No. 51216 of 2016 on 30.11.2016.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since charge-sheet has already been submitted and another accused on similar allegation has since been granted the privilege of bail, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with C2-254/16.

(Nilu Agrawal, J.) Rajesh/- U T