Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54550 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== UPENDRA SINGH S/o- LATE SHATRUDHAN SINGH Resident of VillageAajan, P.S.- Mdanpur, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-04-2022 Heard Mr. Krishna Pd. Singh, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State. Petitioner seeks regular bail in connection with General Registration No. 154 / 2021 arising out of Madanpur PS Case No. 31 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Police got secret information that petitioner along with other accused persons have brought consignment of illicit liquor through a truck, proceeded towards the place of occurrence and recovered 5180 liters of spirit from the truck which was parked on the road.

Learned senior counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of alleged information from spy regarding consignment of liquor

Patna High Court CR. MISC. No.54550 of 2021(2) dt.28-04-2022 2/2 brought by the petitioner. He next submits that petitioner is neither the owner nor the driver of the truck and no illicit liquor has been recovered from the conscious possession of the petitioner or from the vehicle belonging to him. Petitioner is in custody since 07/04/2021.

Regards being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is neither the owner nor the driver of the truck in question, no illicit liquor has been recovered from his conscious possession, he is in custody since 07/04/2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Let the petitioner, UPENDRA SINGH, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II cumSpecial Judge, Excise, Aurangabad in connection with General Registration No. 154 / 2021 arising out of Madanpur PS Case No. 31 of 2021.

(Anil Kumar Sinha, J) perwez U T