Karu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73889 of 2022 Arising Out of PS. Case No.-324 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== KARU SINGH S/o Rampravesh Singh R/o Village- Kochgaon, P.S.- Warisaliganj, Distt- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== 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 Warisaliganj P.S. Case No. 324 of 2022, registered for the offence punishable under Sections 30(a)/41 of the Bihar Prohibition and Excise Act, 2016.

The police is stated to have raided the cowshed of one co-accused person, namely, Manoj Kumar and 576 liters of illicit liquor was recovered, whereupon the arrested co-accused persons were interrogated and they had disclosed that the petitioner had fled away from the spot

Patna High Court CR. MISC. No.73889 of 2022(2) dt.10-02-2023 2/3 and he was also having complicity in the matter. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 28.11.2022. The learned counsel for the petitioner has further submitted that only since the petitioner is having a bad antecedent, he has been roped in the present case, however, the fact is that neither he has been apprehended from the spot nor the place from where the illicit liquor has been recovered belongs to the petitioner nor any illicit liquor has been recovered from the conscious possession of the petitioner.

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

Patna High Court CR. MISC. No.73889 of 2022(2) dt.10-02-2023 3/3 from the conscious possession of the petitioner nor the place from where the illicit liquor has been recovered belongs to the petitioner, 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 Exclusive Special Excise Court-2, Nawada in connection with Warisaliganj P.S. Case No. 324 of 2022.

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