Patna High CourtCR. MISC./5525/2024allowed

Ujjwal Kumar Singh @ Ujjbal Kumar Singh v. The State Of Bihar

2024-02-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5525 of 2024 Arising Out of PS. Case No.-88 Year-2023 Thana- DHIBRA District- Aurangabad ====================================================== Ujjwal Kumar Singh @ Ujjbal Kumar Singh Son of Virendra Singh @ Birendra Singh R/o vill - Rachaul, P.s. - Madanpur, Distt. - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 48.96 litres of IMFL from a motorcycle bearing registration no. BR02AV8135 and petitioner was arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle-in-question. Provision of Section 100 CR.P.C. has not been followed by the

Patna High Court CR. MISC. No.5525 of 2024(2) dt.09-02-2024 2/2 police officials while preparing the seizure list. He is languishing in judicial custody since 3.12.2023. 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 Special Judge, Excise, Second, Aurangabad in connection with Dhibra P.S. Case No. 88 of 2023.

(Sunil Kumar Panwar, J) sushma/- U