Patna High CourtCR. MISC./7817/2024bail granted

Shiv Kumar Singh v. The State Of Bihar

2024-02-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7817 of 2024 Arising Out of PS. Case No.-688 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Shiv Kumar Singh, son of Lakhan Singh Resident of Village- Harpurganga Ram Ps- Mahua Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 43.920 litres of liquor from a Scorpio vehicle and from an Alto car.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of any of the seized vehicle, rather he came to be implicated based on the fact that his Aadhar card was found from the Scorpio

Patna High Court CR. MISC. No.7817 of 2024(2) dt.23-02-2024 2/2 vehicle. It is next submitted that merely because Aadhar card was found in Scorpio vehicle that in itself is not a ground for implicating the petitioner, when petitioner is not the owner of the Scorpio vehicle.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Prohibition and Excise Court-II-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Mahua P. S. Case No.688 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T