Arun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83938 of 2023 Arising Out of PS. Case No.-142 Year-2021 Thana- PIRO District- Bhojpur ====================================================== ARUN SINGH S/O AMARDEYAL SINGH @ NARAD SINGH VILLAGEBISHUNPUR, PS. REHALA, DIST. PALAMU (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273, 420, 120(b) of the Indian Penal Code and sections 30(a), 33, 36, 36, 41(i) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 4050 liters of illicit crude spirit from a truck. The petitioner is owner of godown where, co-accused persons used to supply the illicit liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery

Patna High Court CR. MISC. No.83938 of 2023(2) dt.05-01-2024 2/2 of illicit liquor. He is only owner of the said godown but the same was given to one Anjay Kumar on rent. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 20.9.2023. Other co-accused Vijay Singh has already been enlarged on bail by a co-ordinate Bench of this Court vide order dt. 31.8.2022 passed in Cr. Misc. No. 33663 of 2022.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Piro P.S. Case No. 142 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Bhojpur at Ara.

(Sunil Kumar Panwar, J) Amandeep/- U T