Sita Ram Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45708 of 2022 Arising Out of PS. Case No.-713 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Sita Ram Singh Son Of Ram Avtar Singh R/O Village- Hussaina Khurd, P.S.- Gorul, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Thakur, Advocate For the Opposite Party/s :
Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Mahua P.S. Case No. 713 of 2020 registered for the offence under Section 414 of the Indian Penal Code and Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 09.05.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 3784 litres of IMFL/country made liquor.
Patna High Court CR. MISC. No.45708 of 2022(2) dt.12-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the chain of vehicles as truck, pickup van and bolero, where petitioner is the owner of pickup van which was sold on 16.07.2020, to one Sanoj Kumar (vide Annexure-2 of the bail petition). It is submitted that petitioner has been implicated in the present case only for the reason that still Registration Certificate (RC) of the alleged vehicle is standing in the name of the petitioner and admittedly it is not a case of recovery of illicit liquor. While concluding the argument, it has been submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, where implication of the petitioner appears as registration certificate (RC) of the alleged vehicle, still stand in his name coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Mahua P.S. Case No. 713 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.45708 of 2022(2) dt.12-09-2022 3/3 satisfaction of learned Exclusive Special Excise Court No.2cum-Additional District & Session Judge, Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) R.S.Sen/- U T