Gaurav Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17084 of 2023 Arising Out of PS. Case No.-481 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Gaurav Kumar Singh Son Of Late Sitaram Singh Resident Of VillageJogbani Ps- Jogbani District- Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rama Nand Poddar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 30(a), 38(1) of the Bihar Excise (Prevention of Atrocities) Act and Section 25(a)(1-a),(1-b),AB/26(i)(2) of Arms Act.

It is a case of recovery of 59 litres of Eskuf -DL codine Syrup, 45.200 litres illicit syrup containing Dialex DC syrup, 34 live cartridges, one blank magazine, two swords and other incriminating articles from the house of co-accused Md. Wasim. The name of petitioner sprang

Patna High Court CR. MISC. No.17084 of 2023(2) dt.29-04-2023 2/3 up in this case on the confessional statement of coaccused Md. Wasim. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from the conscious possession of the petitioner. His name sprang up in this case on the confessional statement of co-accused Md. Wasim. Petitioner has no concern with the alleged recovery. Moreover, he is languishing in judicial custody since 30.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.17084 of 2023(2) dt.29-04-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Forbesganj (Simraha) P.S. Case No. 481 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Jusge, Excise I, Araria.

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