Gajendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71894 of 2023 Arising Out of PS. Case No.-58 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== Gajendra Singh Son Of Late Bharat Singh R/O Quarter No. 1651 Street No.38 Sector 9 D Bokaro Steel City, P.S. - Bokaro Steel City, Dist - Bokaro (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272, 273/34 of the IPC and Sections 30(a), 36, 41(i) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 90 liters of illegal foreign liquor from a Car.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. Only on the basis of
Patna High Court CR. MISC. No.71894 of 2023(2) dt.07-11-2023 2/2 supervision note of Dy.S.P. the name of the petitioner surfaced being the owner of a bottling plant namely, Sri Om Bottlers and Blenders Pvt. Limited situated in the township of Bokaro. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 06.08.2022 passed by Cr. Misc. No. 29662 of 2022. He is languishing in judicial custody since 13.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-I, Jamui in connection with Malaypur P.S. Case No. 58 of 2021. (Sunil Kumar Panwar, J) Arish/- U T