Sunil Kumar Singh @ Sunil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71853 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Sunil Kumar Singh @ Sunil Singh S/O Late Persan Singh Resident of Village- Sulehpur, P.S- Vishambharpur, Distt.- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Adesh Raj For the Opposite Party/s :
Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioner submits that petitioner has antecedent of six cases and allegation is of recovery of 234 litres of liquor from a dam.
4.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of Chowkidar, but then it is submitted that if the
Patna High Court CR. MISC. No.71853 of 2024(2) dt.07-10-2024 2/2 Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically and petitioner is in custody since 31.07.2024.
5.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6.
Considering the submission made by learned counsel for the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Vishambharpur P.S. Case No. 20 of 2024.
(Satyavrat Verma, J) Rishabh/- U T