Sunil Singh @ Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64167 of 2023 Arising Out of PS. Case No.-379 Year-2023 Thana- MASHRAK District- Saran ====================================================== Sunil Singh @ Sunil Kumar Singh Son Of Late Ram Bela Singh Resident Of Village- Gangauli Dakshin Tola, PS- Mashrakh, Distt- Saran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raushan Raj, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-10-2023 Heard Mr. Raushan Raj, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection Mashrakh P.S. Case No. 379 of 2023, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The police on a secret information, regarding paddling of spirit, conducted raid. In course of search, 1375 litres spirit is said to have been recovered from the agriculture field of co-accused Nagendra Singh. It is further alleged that noticing the police party, the accused persons succeeded in

Patna High Court CR. MISC. No.64167 of 2023(2) dt.17-10-2023 2/3 fleeing away.

4. It is submitted on behalf of the petitioner that admittedly the alleged recovery of illicit spirit has been made from the field of Nagendra Singh and the petitioner has neither any concern with the field nor with the recovered illicit spirit. He further submits that save and except the suspicion that too without any cogent material, there is nothing against the petitioner. That apart, the petitioner bears fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceeding of the Court.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from the Dalan and the agriculture field of co-accused Nagendra Singh to which the petitioner has no concern, coupled with his fair antecedent and the other infirmities in the search and seizure, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.64167 of 2023(2) dt.17-10-2023 3/3 sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Mashrakh P.S. Case No. 379 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) shoaib/- U T