Amar Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8274 of 2023 Arising Out of PS. Case No.-349 Year-2022 Thana- LADANIA District- Madhubani ====================================================== Amar Nath Singh S/O Late Ram Udagar Singh @ Ram Udas Singh R/VDharmban, P.S.- Ladania, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 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 272, 273 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 108 litres of illicit Nepali liquor from a Motorcycle. The petitioner is alleged to be the driver of the motorcycle from which the liquor has been recovered It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.8274 of 2023(2) dt.13-04-2023 2/3 been implicated in the present case due to high handedness of the police. Petitioner has no concern either with the seized motorcycle or with the illicit liquor. There is no independent witness of the alleged seizure. Petitioner is languishing in judicial custody since 28.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. 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 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 Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No. 349 of 2022. The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.

Patna High Court CR. MISC. No.8274 of 2023(2) dt.13-04-2023 3/3 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