Nand Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8280 of 2021 Arising Out of PS. Case No.-246 Year-2018 Thana- MANIYARI District- Muzaffarpur ====================================================== NAND KISHORE SINGH Son of Late Gorakh Singh Resident of Village - Maksudpur, P.S. - Maniyari, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the State :

Mr. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-05-2021 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 Maniyari P.S. Case no. 246 of 2018 registered under section 307 and other sections of the Indian Penal Code and sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on information having been received and raid being conducted 670 litres of liquor was recovered from the house of one Baliram Singh. It is further submitted that 150200 persons gathered there and entering into scuffle with police personnel, obstructing the police from discharging their duty. It is submitted by learned counsel for the petitioner that the allegation so far as the petitioner is concerned is false and concocted. In any case the allegations are general and ominous in

2/2 nature. The petitioner has no criminal antecedent and is in custody since 2.10.2020. The case of the petitioner stands on a similar or better footing to that of co-accused Sharmila Devi, wife of Baliram Singh and one Pappu Singh who have been enlarged on bail vide order brought on record as Annexures 2 and 3 to the petition. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstance of the case, the period in custody and grant of bail to co-accused, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Maniyari P.S. Case no. 246 of 2018 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 Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Spd/- U T