IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32871 of 2020

Arising Out of PS. Case No.-298 Year-2020 Thana- BARAUNI District- Begusarai

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Kailash Singh, Son of Yogendra Singh, Resident of Village - Makardahi, P.S. -

Barauni (Refinery), District- Begusarai.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party

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Appearance :

For the Petitioner

:

Mr. N.K. Agrawal, Senior Advocate

Mr. Vijay Anand, Advocate

For the Opposite Party

:

Mr. B.N. Pandey, APP

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

ORAL ORDER

3

20-01-2021

Heard Mr. N.K. Agrawal, learned senior counsel for

the petitioner and Mr. B.N. Pandey, learned counsel for the

State.

The petitioner seeks bail in connection with Barauni

(Refinery) P.S. Case No.298 of 2020 registered under Section

30(a) of the Bihar Prohibition and Excise Amendment Act,

2018.

It is stated by learned senior counsel for the petitioner

that from the perusal of the first information report itself, it

would appear that the petitioner was not found present at gate

no.10 at industrial area refinery from where seizure of illicit

liquor was made. The petitioner had got no concern with the

truck bearing registration no.UP83BT-4269 or with other

vehicles found present at the place of occurrence from which

Patna High Court CR. MISC. No.32871 of 2020(3) dt.20-01-2021

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recoveries were made. He further contended that the petitioner

has been made accused in the present case merely because he

happens to be brother of the main accused Kare Singh @ Karu

Singh against whom the allegation is that he is a liquor mafia

and has gone to jail several times in connection with illegal

trade of liquor. Lastly, he contended that the petitioner is in

custody since 14.08.2020 and having roots in the society, he is

not likely to abscond or tamper with the evidence, if released on

bail.

Learned counsel for the State has opposed the

application for grant of bail to the petitioner. He contended that

in the first information report, it is alleged that it was the brother

of the petitioner Kare Singh @ Karu Singh, who was

responsible for the illegal trade of liquor, but during

investigation, the other witnesses have named the petitioner also

as one of the persons involved in illegal trade of liquor with the

main accused Kare Singh @ Karu Singh.

Regard being had to the materials on record and the

submissions advanced on behalf of the parties, the petitioner is

directed to be released on bail on furnishing bail bond of

Rs.10,000/- (rupees ten thousand) with two sureties of the like

amount each to the satisfaction of the learned A.D.J.-II-cum-

Patna High Court CR. MISC. No.32871 of 2020(3) dt.20-01-2021

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Special Judge, Excise, Begusarai in connection with Barauni

(Refinery) P.S. Case No.298 of 2020.

sanjeet/-

(Ashwani Kumar Singh, J.)

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