Abhayanand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7119 of 2023 Arising Out of PS. Case No.-557 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== Abhayanand Son Of Nityanand Singh @ Nityanand Sharma R/V- Dhamni PsHaspura, Dist- Aurangabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 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 95.4 litres of Indian Made Foreign Liquor from a car bearing Reg. No. AS-01V-9072.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. Petitioner has no concern either with the illicit liquor or with the vehicle in

Patna High Court CR. MISC. No.7119 of 2023(2) dt.01-05-2023 2/3 question. Petitioner is neither the owner nor the driver of the vehicle in question. Petitioner is languishing in judicial custody since 07.11.2022.

In contra, learned A.P.P. vehemently opposed the prayer of Bail and submitted that petitioner was present in the vehicle in question from which huge quantity of liquor has been recovered.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are 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 I, Aurangabad in connection with Madanpur P.S. Case No. The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the concerned

Patna High Court CR. MISC. No.7119 of 2023(2) dt.01-05-2023 3/3 District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District.

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