Madan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40212 of 2020 Arising Out of PS. Case No.-177 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== MADAN KUMAR SINGH Son of Late Muneshwer Singh Resident of Village- Datuar, P.S.- Khajauli, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2021 Heard Mr. Madan Kumar Singh, learned counsel for the petitioner and Mr. Arun Kumar Singh, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Khajauli P.S. Case No. 177 of 2020 registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code 1860 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation as per the First Information Report is that a Motorcycle on which the petitioner and others were travelling, was intercepted by the Police and recovered a total quantity of 36 litres of illicit Nepali liquor from the same.

Patna High Court CR. MISC. No.40212 of 2020(2) dt.22-02-2021 2/3 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that the Motorcycle from which the illicit liquor has been recovered, does not belong to the petitioner and at the time of search and seizure, the procedure prescribed under Section 100 Cr. P.C. has not been followed. Learned counsel also submits that the petitioner is in custody since 01.09.2020 and charge sheet has already been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent and he is in custody since 01.09.2020 as well as the charge sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise Act,

Patna High Court CR. MISC. No.40212 of 2020(2) dt.22-02-2021 3/3 Madhubani, in connection with Khajauli P.S. Case No. 177 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T