Sandeep Singh @ Sandeep Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62689 of 2021 Arising Out of PS. Case No.-426 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== SANDEEP SINGH @ SANDEEP KUMAR SINGH SON OF FULGENDRA SINGH RESIDENT OF VILLAGE- FANDA, P.S.- PAROO, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on secret information having been received about liquor being unloaded from a truck, it is stated that a raid was conducted. Seeing the police personnel, the accused persons managed to escape. They were identified as Pintu Singh, Jai Prakash Singh, Pankaj Rai, Suresh Singh, Guddu Singh and Dilip Singh. A total of 1759 litres of IMFL was recovered.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. Referring to the

Patna High Court CR. MISC. No.62689 of 2021(2) dt.12-04-2022 2/2 order of the learned court below rejecting the application for bail, it is submitted that from perusal of the same, it would transpire that in course of investigation, the witnesses have named the petitioner to be amongst the accused who had managed to escape. It is submitted that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The cause of his implication is his antecedents. He is in custody since 22.7.2021 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot, having remained in custody for more than 8 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Paroo P.S. Case no.426 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 Special Judge, Excise, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T