Sandeep Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41105 of 2020 Arising Out of PS. Case No.-247 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== SANDEEP KUMAR SINGH son of Sri Ram Charitra Singh Resident of Village- Sawami Purnanand Colony, Kamere Asharam, P.S. Ratu, DistrictRanchi (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Sasaram (Mufassil) P.S. Case no. 247 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 450 litres of liquor was recovered from the Mahindra Pickup vehicle of which the petitioner was the driver.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. No incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.41105 of 2020(4) dt.26-07-2021 2/2 The petitioner being a professional driver was not aware with the goods which had been loaded in the vehicle from before. He is in custody since 8.8.2020 and has no antecedent under the Bihar Prohibition and Excise Act, 2016. Investigation in the case has concluded.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having antecedent under the Bihar Prohibition and Excise Act and having remained in custody for over 11 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sasaram (Muffasil) P.S. Case no. 247 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II - cum - Special Judge, Excise, Rohtas at Sasaram.

Spd/- (Partha Sarthy, J) U T