Golu @ Golu Singh @ Kripashankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53839 of 2022 Arising Out of PS. Case No.-206 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== Golu @ Golu Singh @ Kripashankar Kumar, Son of Ashok Kumar Singh R/V- Parsa, P.S- Rajnagar, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Rajnagar P.S. Case No. 206 of 2022 registered for the alleged offences under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30 (a) and 41 (1) of the Bihar Prohibition Act and Excise Act, 2022.

As per prosecution case, two vehicles were intercepted and 63 litres of India made foreign liquor and 180 litres of Nepali country made liquor were recovered, from these two vehicles and four co-accused persons were apprehended. The name of the petitioner transpired during investigation as

Patna High Court CR. MISC. No.53839 of 2022(2) dt.23-11-2022 2/3 one of the co-accused persons also involved in the transaction of illicit liquor.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on the basis of the confessional statement of the apprehended co-accused persons. Nothing incriminating has been recovered from the conscious possession of this petitioner who was not apprehended from the spot. The petitioner has no concern in any manner with the alleged recovery of illicit liquor and the vehicles seized by the police do not belong to this petitioner. The petitioner is in custody since 07.08.2022 and charge-sheet has been submitted. The petitioner is having clean antecedent. Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent and the submission of charge-sheet and his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Rajnagar P.S. Case No. 206 of 2022, subject to the conditions

Patna High Court CR. MISC. No.53839 of 2022(2) dt.23-11-2022 3/3 mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Rajnish/- U T