Satyam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73620 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== SATYAM KUMAR SINGH SON OF CHUNNU SINGH @ SHIV PRASAD SINGH R/O VILLAGE- DHANACHA, P.S.- DURGAWATI, DISTRICTKAIMUR AT BHABUA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh, Advocate For the Opposite Party/s :

Ms.Asha Kumari,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 Durgawati P.S. Case No.98 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 189.225 liters of illicit liquor from a vehicle, and the person who was arrested from the spot, had disclosed about the complicity of the other co-accused persons including the petitioner herein, in the alleged occurrence.

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

Patna High Court CR. MISC. No.73620 of 2022(2) dt.10-02-2023 2/3 since 09.11.2022. The learned counsel for the petitioner has further submitted that the petitioner is accused in two other cases, but he is on bail in the said cases. The learned counsel for the petitioner has further submitted by referring to paragraph no. 8 of the present petition that the petitioner is not the owner of the vehicle in question and has also not been arrested from the spot, nor any illicit liquor has been recovered from him, hence, he is not having any complicity in the matter. 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 fact that neither any illicit liquor has been recovered from the conscious possession of the petitioner nor he is the owner of the vehicle in question, 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 Additional Sessions Judge-VII-

Patna High Court CR. MISC. No.73620 of 2022(2) dt.10-02-2023 3/3 cum-Special Judge Excise-II, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 98 of 2021.

(Mohit Kumar Shah, J) rinkee/sonalU T