Umesh Kumar Singh @ Pathal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67135 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- CHARPOKHARI District- Bhojpur ====================================================== Umesh Kumar Singh @ Pathal son of Amrendra Kumar Singh Resident of Village - Dulaor Tola (Semrao), Police Station - Charpokhari, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-02-2022 Heard learned counsel for the petitioner and Smt. Pronoti Singh, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Excise Case No. 16 of 2021 arising out of Charpokhari P.S. Case No. 01 of 2021 instituted for the offences under Sections 420, 379 and 34 of the Indian Penal Code read with Sections 30(a) and 38 of the Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 15.04.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that allegation is of recovery of 1230.12 litres of liquor from an

Patna High Court CR. MISC. No.67135 of 2021(2) dt.18-02-2022 2/2 under-construction house which is alleged to be belonging to the petitioner.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot nor the house belongs to him and his name came in the confessional statement of coaccused who was apprehended. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 15.04.2021, charge-sheet has been submitted in the case, name of the petitioner transpired in the confessional statement of co-accused and he was not arrested from the spot, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Judge, Excise, Bhojpur at Ara in connection with Excise Case No. 16 of 2021 arising out of Charpokhari P.S. Case No. 01 of 2021.

(Satyavrat Verma, J) Rishi/- U T