Bijendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15804 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== BIJENDRA SINGH Son of Hoshiyar Singh R/v- Saragthal, P.S.- Gohna, District- Sonipat (Haryana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273, 420, 120(B) of the Indian Penal Code and sections 30(a), 32(i) (ii), 36, 41(1) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 427.320 of illicit foreing liquor from a truck bearing Registration no. HR-69B-4828 and the petitioner is alleged to be arrested on spot with the seized vehicle.

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. Petitioner has no concern with the alleged recovery of illicit liquor or with vehicle in question. No any incriminating article

Patna High Court CR. MISC. No.15804 of 2023(2) dt.28-04-2023 2/2 has been recovered from conscious possession of the petitioner. It is further submitted that the seizure list witness are police official not a single independent witness which violates section 100 of Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 11.1.2023.

Learned APP appearing for the State has vehemently 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 released on bail in connection with Bhairavsthan P.S. Case No. 5 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 Special Judge, Excise Act, Jhanjharpur, Dist- Madhubani.

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