Sankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17252 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- Excise P.S. District- Bhojpur ====================================================== Sankaj Singh, aged about 35 years, Male, Son of Brij Bhushan Singh, Resident of Vill- Vidaya Bhawan Narainpur, P.S.- Basdih Kotwali, DistrictBaliya (Uttar Pradesh) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ganesh Prasad Singh, Advocate For the Opposite Party :

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Excise Sadar P.S. Case No. 25 of 2025 dated 01.02.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 114.630 litres of foreign liquor is said to have been recovered from the car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is neither the owner of the car nor he has any connection with the seized illegal liquor. The petitioner is only the driver of the said car. He had no

Patna High Court CR. MISC. No.17252 of 2025(2) dt.03-04-2025 2/2 knowledge that the illegal liquor was kept by the owner of the car. No incriminating article has been recovered from his possession. There is no statutory compliance of Section 103 of the B.N.S.S., 2023. He has no concern with the alleged offence. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 02.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-II, Bhojpur at Ara in connection with Excise Sadar P.S. Case No. 25 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T