Rana Singh @ Saurabh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67699 of 2022 Arising Out of PS. Case No.-369 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== Rana Singh @ Saurabh S/o Prem Prakash Narayan R/o Village- Laxmipur, Padarauna, P.S.- Kubersthan, Distt- Kushinagar(Uttar Pradesh). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dariyapur P.S. Case No. 369 of 2022 registered for the offences under Sections 420, 120(B) of the Indian Penal Code and Sections 30(a), 32, 38 and 41 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 09.11.2022.

The allegation against the petitioner is to be engaged in illegal trade of foreign liquor, where, there is recovery of

Patna High Court CR. MISC. No.67699 of 2022(2) dt.23-12-2022 2/3 109.065 litres of foreign liquor.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of disclosure of apprehended co-accused persons and admittedly no recovery of illicit liqour was made from conscious physical possession of this petitioner. It has further been submitted that similarly situated co-accused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 60199 of 2022 dated 02.12.2022. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as admittedly alleged recovery was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent, let the petitioner, above named, is directed to be released on bail in connection with Dariyapur P.S. Case No. 369 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum 1st Exclusive Special Judge, Excise, Saran/concerned court,

Patna High Court CR. MISC. No.67699 of 2022(2) dt.23-12-2022 3/3 subject to the conditions, as mentioned under Section 437(3) of the Cr.P.C., with further condition:

"That Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the document."

(Chandra Shekhar Jha, J) S.Katyayan/- U T