Patna High CourtCR. MISC./68828/2024bail granted

Chintu Singh v. The State Of Bihar

2024-09-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68828 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- SISWAN District- Siwan ====================================================== Chintu Singh, Male, aged about 47 years, S/o- Late Sriniwas Singh, R/O Village- Gangapur Siswan, PS -Siswan, Dist- Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bipin Kumar, Advocate For the Opposite Party :

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Siswan P.S. Case No. 141of 2024 dated 04.05.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 694.240 litres of illicit foreign and country made liquor kept in sacks was recovered near the Akadwa Ghat (Ghaghra River) and from the boat.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that nothing has been recovered from

Patna High Court CR. MISC. No.68828 of 2024(2) dt.21-09-2024 2/3 the possession of the petitioner. The petitioner is not the owner of the boat and the Ghat of Ghaghra River rather the same is in open sky. The petitioner has no concern with the alleged offence. There is no compliance of Section 100(6) of the Cr.P.C. The name of the petitioner has come in the present case on the basis of disclosure made by the Mahal Choukidar with whom the petitioner has previous dispute. It is submitted that the other co-accused person, namely, Munna Yadav, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 45352 of 2024 under order dated 02.07.2024, annexed as AnnexureP/3 to the present bail application. The petitioner has three criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 18.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Siwan in connection with Siswan P.S. Case No. 141 of 2024.

Patna High Court CR. MISC. No.68828 of 2024(2) dt.21-09-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T