Rohit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60257 of 2023 Arising Out of PS. Case No.-206 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== 1.

ROHIT SINGH SON OF SAREKH SINGH @ SAREK SINGH RESIDENT OF VILLAGE - DUBAHA PURBARI TOLA, P.S. - MOHIUDDINNAGAR, DISTRICT - SAMASTIPUR 2.

DHIRAJ KUMAR SINGH SON OF KAPILDEV SINGH RESIDENT OF VILLAGE - DUBAHA PURBARI TOLA, P.S. - MOHIUDDINNAGAR, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-09-2023 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Mairwa P.S. Case No.206 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3.

The accused/petitioners are named in the F.I.R. and are in custody since 08.07.2023.

4.

The allegation against the petitioners is to be engaged in illegal trade of illicit liquor, where, there is recovery of 241.92 litres of illicit liquor.

5.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.60257 of 2023(2) dt.08-09-2023 2/3 petitioners submitted that petitioner took a lift for a short distance and in the meantime, he was apprehended by police with illicit liquor. It is submitted that nothing surfaced, during course of investigation, which may suggest that these petitioners were under knowledge of carrying illegal consignment of illicit liquor or connected in any manner with alleged vehicle carrying consignment of illicit liquor. While concluding the argument, it is submitted that petitioners are men of clean antecedent and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

6.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

7.

Considering the facts and circumstances as mentioned above, as both petitioners, prima facie, not appears to be connected with alleged vehicle and illicit liquor, who are men of clean antecedent coupled with the fact that petitioners are in custody since 08.07.2023, accordingly let both petitioners, above named, are directed to be released on bail in connection with Mairwa P.S. Case No.206 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive

Patna High Court CR. MISC. No.60257 of 2023(2) dt.08-09-2023 3/3 Special Excise Court No.1, Siwan/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T