Rajnish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55613 of 2021 Arising Out of PS. Case No.-57 Year-2021 Thana- ISUAPUR District- Saran ====================================================== RAJNISH SINGH S/O RANJU SINGH R/o village- Tedha, P.S.- Ishuapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273 and 120B of the Indian Penal Code and sections 30, 30(a), 33 and 36 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on the vehicle in question being stopped for search, it is stated that the accused persons got down and taking advantage of the darkness, managed to escape. The petitioner was identified as accused who had escaped. It is further stated that 600 litres of spirit was recovered from the vehicle.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedents. No incriminating article has been

Patna High Court CR. MISC. No.55613 of 2021(4) dt.12-05-2022 2/2 recovered from petitioner's possession nor the petitioner was arrested at the spot. He is in custody since 26.8.2021 and investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having been arrested at the spot, nor any incriminating article having been recovered from his possession and having remained in custody for 8 months, the petitioner is directed to be enlarged on bail in connection with Isuapur P.S. Case no. 57 of 2021 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 2nd Additional Sessions Judge - cum - Special Judge, Excise, Saran.

(Partha Sarthy, J) Spd/- U T