Patna High CourtCR. MISC./5120/2023allowed

Prabhat Singh v. The State Of Bihar

2023-02-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5120 of 2023 Arising Out of PS. Case No.-374 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== 1.

PRABHAT SINGH S/O CHHATRADHARI SINGH Resident of VillageUmra Bypass, Banaras, P.S.- Rohaniyan, District- Banaras. 2.

AKSHAY SINGH S/O DAROGA SINGH Resident of Village- Dhuska, P.S.- Jamania, District- Gazipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 423 litres of illicit liquor from the Scorpio bearing Reg no. UP65CQ0077 of which father of petitioner no. 1 is owner. It is further alleged that both the petitioners are apprehended on spot by the police. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. The alleged

Patna High Court CR. MISC. No.5120 of 2023(2) dt.21-02-2023 2/2 vehicle belongs to father of the petitioner no. 1. They have no concern with the alleged recovery. Both are languishing in judicial custody since 16.12.2022.

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

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned court below or the concerned court, Kaimur at Bhabua in connection with Bhabhua Excise (PR) P.S. Case No. 374 of 2022. (Sunil Kumar Panwar, J) sushma/- U