Subash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5096 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Subash Singh Son of Kamal Singh R/v- Chak Chatar, P.S.- Dawath, DistrictRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Agiaon Bazar P.S. Case No. 199 of 2022 lodged under Sections 30(a) of Bihar Prohibition and Excise Act, 2018. As per the prosecution case, the total recovery of 300 litre mahua wine from Alto Car has alleged to be made, is the subject matter of the present case.

Learned counsel for the petitioner submits that there were 3 persons made accused in the present case. Petitioner was alleged to be recovered from a nearby place. Counsel submits that petitioner was falsely implicated in the present case. He

Patna High Court CR. MISC. No.5096 of 2023(2) dt.04-03-2023 2/2 submits that he was not apprehended from the place of occurrence rather the said Alto Car which was subject to recovery does not belongs to the petitioner.

Counsel further submits petitioner is in custody since 18.12.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1st Bhojpur Ara in connection with Agiaon Bazar P.S. Case No. 199 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T