Rajkumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70516 of 2021 Arising Out of PS. Case No.-472 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== 1.

RAJKUMAR SINGH S/o- Late Nandlal Singh R/o Village- Motipur, P.S.- Naubatpur, District- Patna.

2.

Sujit Kumar S/o- Raj Kumar Singh R/o Village- Motipur, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard.

The petitioners seek regular bail in connection with Special Case No. 5764 of 2021 arising out of Naubatpur P.S. Case No. 472 of 2021, registered for the offence punishable under sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 117 liters of illicit liquor from the house of the petitioners as also from the front portion of the house of the petitioners. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are languishing in custody since 15.09.2021. The learned counsel for the petitioners has further submitted that the petitioner no. 1 is

Patna High Court CR. MISC. No.70516 of 2021(2) dt.09-06-2022 2/2 having a clean antecedent and as far as the petitioner no.2 is concerned, he is an accused in three other cases but he is on bail in the said three cases. It is further submitted that the petitioners have already been sufficiently punished on account of period of custody already undergone. 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 parties and taking into account the materials available on record as also considering the period of incarceration of the petitioners, I deem it fit and proper to admit the petitioners to the privilege of regular bail.

Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned court of Special Judge, Excise, Patna in connection with Special Case No. 5764 of 2021 arising out of Naubatpur P.S. Case No. 472 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T