Patna High CourtCR. MISC./69290/2023allowed

Rajeev Kumar Singh @ Chhotu Singh v. The State Of Bihar

2023-10-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69290 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== Rajeev Kumar Singh @ Chhotu Singh Son Of Awadhesh Singh @ Avadhesh Kumar Singh Resident Of Village- -SHAMBHUPATTI Ps -KARPURIGRAM District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 466, 468, 471, 120(b) and 34 of the Indian Penal Code and Sections 30(a), 32(i)(iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 3201.12 liters of illicit liquor from the truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to the previous criminal history of the petitioner. It is further submitted that petitioner

Patna High Court CR. MISC. No.69290 of 2023(2) dt.18-10-2023 2/2 was not apprehended on spot and also nothing incriminating article has been recovered from his conscious possession. He has no concern either with the seized liquor or with the vehicle in question. Moreover, he is languishing in judicial custody since 06.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Karpurigram P.S. Case No. 25 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Court No.1, Samastipur.

(Sunil Kumar Panwar, J) Shubham/- U T