Dinesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69108 of 2021 Arising Out of PS. Case No.-265 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== DINESH SINGH Son of Bhupeneshwar Singh Resident of Village - Madhopur Chhtouna, P.s.- Samastipur Muffasil, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1, Advocate For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-06-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Case No. 265of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act. The allegation is regarding the police having conducted a raid at the place of occurrence which is stated to be a husk house forming part of the premises of the petitioner and had recovered 14.625 litres of illicit foreign liquor The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 21.09.2021. The learned counsel for the petitioner has further submitted that the husk house in question from where the illicit liquor has been recovered is situated far away from the

Patna High Court CR. MISC. No.69108 of 2021(2) dt.08-06-2022 2/2 residential house of the petitioner, hence the possibility of plantation of the illicit liquor cannot be ruled out. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the illicit liquor has been recovered from the husk house situated at a distance from the residential house of the petitioner apart from the fact that the petitioner is having a clean antecedent and is languishing in custody since nine months, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge-IIcum-Special Judge Excise, Samastipur in connection with Excise Case No. 265 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T