Arbind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85737 of 2019 Arising Out of PS. Case No.-369 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== ARBIND SINGH Son of Ram Darshan Singh @ Darshan Singh Resident of Village - Shankar Saraiya, Babu Tola, P.S.- Turkaulia, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Turkaulia P.S. Case No. 369 of 2019 for the offence punishable under Sections 30(a), 35(a), 38(1), 38(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 1181 liters of illicit liquor from near the Goddess Durga temple and it is alleged that in the light of the police jeep, the petitioner and other co-accused persons were identified as the culprits. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 14.11.2019. It is

Patna High Court CR. MISC. No.85737 of 2019(2) dt.14-01-2020 2/2 further submitted that similarly situated other co-accused persons have already been granted the privilege of anticipatory/ regular bails by co-ordinate Benches of this Court vide orders dated 14.08.2019 passed in Cr. Misc. No.50690 of 2019 and 25.10.2019 passed in Cr. Misc. No. 65036 of 2019. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that coordinate Benches of this Court have granted the privilege of anticipatory/ regular bail to the other co-accused persons, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge IV-cumSpecial Judge, Excise Act, East Champaran, Motihari in connection with Turkaulia P.S. Case No. 369 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T