Chandeshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52241 of 2021 Arising Out of PS. Case No.-276 Year-2020 Thana- GOPALPUR District- Gopalganj ====================================================== CHANDESHWAR SINGH Son of Dharm Raj Singh Resident of Village - Badahara, Barai Tola, P.S.- Gopalpur, Distt.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey, Adv.
For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-05-2022 Heard Mr. Shubhesh Pandey, learned counsel for the petitioner and Mr. Rana Randhir Singh, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Gopalpur PS Case No. 276/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.
Police intercepted two motorcycles on which four persons were travelling and upon seeing the police party, the persons sitting on the motorcycles fled away. However, the police recovered 187.200 liter of illicit liquor from the said motorcycles.
Learned counsel for the petitioner submits that the petitioner has got no concern with the motorcycles as well as
Patna High Court CR. MISC. No.52241 of 2021(2) dt.06-05-2022 2/3 with the illicit liquor which has been recovered by the police. He next submits that the petitioner's name has transpired on the basis of disclosure of his name by villagers and no illicit liquor has been recovered from his conscious possession or from the vehicles belonging to him. Further submission is that similarly situated accused persons, namely, Mukesh Giri vide Cr. Misc. No. 24952/2021 and Amod Singh vide Cr. Misc. No. 31371/2021 have been granted bail by co-ordinate Benches of this Court. The petitioner is in custody since 08.07.2021 and the charge-sheet has been submitted in the matter.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from conscious possession of the petitioner or from the vehicles belonging to him, similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court, petitioner is in custody since 08.07.2021 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, CHANDESHWAR SINGH be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like
Patna High Court CR. MISC. No.52241 of 2021(2) dt.06-05-2022 3/3 amount each to the satisfaction of learned Additional Sessions Judge-II, Gopalganj in connection with Gopalpur PS Case No. 276/2020.
(Anil Kumar Sinha, J) perwez U T