Sumit Kumar Singh @ Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24668 of 2018 Arising Out of PS. Case No.-258 Year-2017 Thana- MAHUA District- Vaishali ====================================================== Sumit Kumar Singh @ Chandan Singh, Son of Umesh Singh, Resident of Village- Mahua, P.S.- Mahua, District- Vaishali at Hajipur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Adv.

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Ramakant Sharma, learned Senior Counsel, assisted by Sri Rajesh Kumar, learned counsel for the petitioner and Sri Bhanu Pratap Singh, learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Mahua P.S. Case No.258 of 2017 registered for the offence under Section 414 of the Indian Penal Code and Sections 30(a), 32(ii), 38(ii) , 41(i), 47 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of arrest or surrender. By way of referring to the F.I.R., learned Senior Counsel appearing on behalf of the petitioner submits that the petitioner has been made accused on the basis of some information given by the informer/spy without disclosing any other fact. In the case, one truck loaded with huge quantity of

Patna High Court Cr.Misc. No.24668 of 2018(3) dt.26-06-2018 2/2 Indian Make Foreign Liquor , total 1098 liters was found and the petitioner has been made accused as if the petitioner was instrumental in distribution of liquor to local merchants. Learned counsel for the petitioner has drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent.

Considering the fact that there was no cogent material to connect the petitioner in the present case as well as the fact that the petitioner is having clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Sumit Kumar Singh @ Chandan Singh be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge-IInd-cum- Special Court, Vaishali at Hajipur in connection with Mahua P.S. Case No.258 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T