Patna High CourtCR. MISC./1378/2023bail granted

Mantu Singh v. The State Of Bihar

2023-04-20Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1378 of 2023 Arising Out of PS. Case No.-445 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur ====================================================== 1.

MANTU SINGH Son of Late Thihar Singh R/V- Makkatakiya, P.SNaugachhiya, Dist- Bhagalpur 2.

Mithun Singh @ Mithun Kumar Son of Baudhi Singh R/V- Makkatakiya, P.S- Naugachhiya, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Narendra Kumar Singh, Advocate :

Mr. Shyam Kishore Das, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-04-2023

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners seek regular bail in connection with Excise P.S. Case No.445 of 2022 dated 17.08.2022 registered for the offences punishable under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioners are that the instant matter relates to recovery of 38.200 litres of foreign liquor and according to the FIR the said recovery is stated to have been made from the house of petitioner No.2 but in the seizure list there is no detail of the said house of the petitioner No.2, in fact the petitioners

Patna High Court CR. MISC. No.1378 of 2023(2) dt.20-04-2023 2/2 had no connection with the alleged recovered wine and against them the investigation has been completed and they have fair and clean antecedent and have been languishing in jail since 18.08.2022.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioners' fair and clean antecedent and also the fact that against the petitioners the investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of the petitioners' prayer, let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Excise P.S. Case No.445 of 2022.

(Shailendra Singh, J) sangam/- U T