Prem Kumar @ Prem Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11720 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== Prem Kumar @ Prem Kumar Singh Son Of Birendra Singh Resident Of Village- Karnaul, P.S.- Charpokhari, District- Bhojpur At Arrah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alka Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 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 30(a), 38 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 1387.5 litres of Indian Made Foreign Liquor from the house of Shivbhushan Singh. Petitioner was apprehended on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no independent witness

Patna High Court CR. MISC. No.11720 of 2023(2) dt.21-04-2023 2/2 of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 08.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

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 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 Exclusive Special Excise Court I, Bhojpur, Ara in connection with Charpokhari P.S. Case No. 05 of 2023. (Sunil Kumar Panwar, J) nirajkrs/- U T