Singar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8750 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- NAYAGAON District- Saran ====================================================== Singar Ray Son Of Late Badan Ray R/O Vill.- Parshurampur, P.S.- Dariyapur, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Nayagaon P.S. Case no. 03 of 2023 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 300 liters country made liquor from a tempo after that this case has been lodged.

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 due to high handedness of the police.

Patna High Court CR. MISC. No.8750 of 2023(2) dt.17-04-2023 2/3 Petitioner has no concern with the alleged recovered wine. No any incriminating article has been recovered from his possession. It is further submitted that seizure list has not been prepared as per Section 100 of the Cr.P.C. He has got no criminal antecedent. The petitioner is languishing in judicial custody since 06.01.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

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 as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nayagaon P.S. Case No. 03 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Saran at Chapra.

The bail bonds of the petitioner shall be accepted

Patna High Court CR. MISC. No.8750 of 2023(2) dt.17-04-2023 3/3 by 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) Manish/- U T