Shivam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4880 of 2023 Arising Out of PS. Case No.-418 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== SHIVAM SINGH S/O NAWAB SINGH Resident of Village- Baprola, Bihar Das Garden, Gali No.- 27, P.S.- Nazafgarh, District- Delhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Mairwa P.S. Case no. 418 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 322.5 liters India Made Foreign Liquor from a vehicle bearing registration no. UP14-BU-6227 which is alleged to be driven by the petitioner at the time of occurrence.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case.

Patna High Court CR. MISC. No.4880 of 2023(2) dt.06-04-2023 2/3 Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question. No any incriminating article has been recovered from his conscious possession. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 16.11.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner was arrested with the said vehicle which was being driven by him.

The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

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 released on bail in connection with Mairwa P.S. Case No. 418 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Siwan.

The bail bonds of the petitioner shall be accepted by

Patna High Court CR. MISC. No.4880 of 2023(2) dt.06-04-2023 3/3 the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T