Holi Singh @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68256 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- BARUN District- Aurangabad ====================================================== HOLI SINGH @ RANJAN KUMAR Son of Late Ram Chandra Singh R/VJagdishpur Tole, Purnadih, Ward No. 11, P.S- Barun, Dist- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barun PS case no. 130 of 2022 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 97.200 liters of illicit liquor from the house of the petitioner. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 15.09.2022. It is stated that the petitioner is accused in one other case but he is on bail in the said case. The learned counsel for the petitioner has further submitted that the petitioner has been falsely implicated in

Patna High Court CR. MISC. No.68256 of 2022(2) dt.08-02-2023 2/2 the present case, inasmuch as the house in question is in joint possession of the petitioner and his family members, thus he cannot be solely held responsible for the illicit liquor recovered from the house in question.

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 parties 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 appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise-I, Aurangabad (Bihar) in connection with Barun PS case no. 130 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T