Chintu Singh @ Chinku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73875 of 2022 Arising Out of PS. Case No.-147 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== CHINTU SINGH @ CHINKU SINGH Son of Madhusudan Singh R/o Mohalla- Rattichak, P.S.- Goradih, Dist- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Special Excise Case No.579A of 2022 (arising out of Sabour (Goradih) P.S. Case No.147 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 09 litres of illicit country made liquor from the northern side of the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 18.08.2022. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.73875 of 2022(2) dt.10-02-2023 2/2 further submitted that the petitioner is accused in two other cases but he is on bail in the said case. It is also submitted that considering the period of incarceration of the petitioner herein, a sympathetic view may be taken.

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 learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Excise Court no.2, Bhagalpur in connection with Special Excise Case No.579A of 2022 (arising out of Sabour (Goradih) P.S. Case No.147 of 2021.

(Mohit Kumar Shah, J) rinkee/sonalU T