Patna High CourtCR. MISC./1646/2023disposed

Prahlad Singh v. The State Of Bihar

2023-04-24Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1646 of 2023 Arising Out of PS. Case No.-659 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Prahlad Singh Son Of Balmiki Singh R/O Village- Pokhraira, Gidha, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate Mr. Ajit Kumar, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-04-2023

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

2. Petitioner seeks regular bail in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 659 of 2019 dated 01.10.2019 registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that though against the petitioner there are criminal antecedents of 16 cases but out of them he has got bail in 11 cases and in all the said cases the petitioner was not apprehended with any liquor either he was remanded in these cases or his name surfaced in the statement of co-accused and in the present matter the petitioner is not named in the FIR

Patna High Court CR. MISC. No.1646 of 2023(2) dt.24-04-2023 2/2 and he has been implicated on the basis of confessional statement of co-accused and only 360 ml. foreign liquor is stated to have been recovered from a pick-up van which was found in abandoned condition at the alleged place of recovery and the petitioner has been languishing in jail in the present matter since 12.10.2022.

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

5. Considering the above submissions, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail after framing of charge, if the same has not been framed, in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 659 of 2019 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T