Gunjesh Singh @ Jujesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 22426 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== GUNJESH SINGH @ JUJESH SINGH SON OF AWADHESH SINGH RESIDENT OF VILLAGE - PARAWAR, P.S. - POJHI PARSA, DISTT. - CHAPRA (SARAN) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Siwan Excise Police Station (for brevity, PS) Case No 49 of 2023 dated 14.01.2023 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Amendment Act, 2018. As per prosecution case, total 296.460 illicit foreign liquor was recovered from the truck which was being driven by the petitioner.

Patna High Court CR. MISC. No.22426 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal case, as stated in paragraph 3 of the bail petition. Learned counsel has further submitted that the petitioner in his confessional statement has stated that the said seized wine belonged to the co-accused Rahul Kumar Singh.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No II, Siwan in Siwan Excise PS Case No 49 of 2023 dated 14.01.2023.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T