Habitual offenders may be denied bail in cases involving serious offences and large quantities of contraband.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35147 of 2021

Arising Out of PS. Case No.-149 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas

======================================================

KULDEEP SINGH Son of Shyam Bihari Singh Resident of Village-

Dhaudadh, P.S.- Sasaram (M), District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Sudama Singh, Adv.

Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

04-01-2022

Heard Mr. Sudama Singh, learned counsel for the

petitioner and Mr. Binod Kumar, Additional Public Prosecutor

for the State through video conferencing.

Petitioner seeks regular bail in connection with

Sasaram (M) PS Case No. 149/2019 registered for the offence

punishable under Sections 30(a) of Bihar Prohibition & Excise

Act 2016.

The allegation, as per First Information Report, is that

the police, on the basis of secret information that the petitioner

along with other accused persons has brought the consignment

of illicit liquor in a tanker and are planning to distribute it to the

local supplier, proceeded towards the place of occurrence and

upon seeing the police party the accused persons fled away and

upon search the police recovered 13230 litres of illicit liquor

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from the said tanker. It is further alleged that one Santro Car

bearing Registration No. DL4CP 5722 and a Maruti Car bearing

Registration No. BRO1C-8088 were also seized by the police

from the place of occurrence.

Learned counsel for the petitioner submits that the

petitioner has falsely been implicated in this case on the basis of

secret information and he has not committed any offence in the

manner alleged. Learned counsel further submits that petitioner

is in custody since 05.11.2020.

On the other hand, learned counsel for the State

submits that petitioner is a habitual offender inasmuch as six

cases of similar nature is pending against him and he is named

in the FIR and the petitioner brought the consignment of a huge

quantity of illicit liquor in a tanker. Accordingly, he does not

deserve the privilege of bail.

Regards being had to the submissions made by the

parties and taking into consideration the material on record and

the nature of allegation and the fact that the petitioner is a

habitual offender and a huge quantity of illicit liquor has been

recovered from the place of occurrence, I am not inclined to

grant regular bail to the petitioner. The same is, hereby, rejected.

However, petitioner may renew his prayer for bail

Patna High Court CR. MISC. No.35147 of 2021(2) dt.04-01-2022

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after six months from today, if the trial does not record any

progress.

perwez

(Anil Kumar Sinha, J)

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