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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29529 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== UJJAWAL KUMAR SINGH @ UJJAWAL KUMAR Son of Gangeshwar Singh R/O Village - Chauwa Chatan, P.S.- Hussainabad, District - Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Navinagar P.S. Case No. 105 of 2023, dated 13.03.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 120.960 litres of country-made liquor from an Alto Car and as per allegation the petitioner was found sitting in the said vehicle at the time of recovery of the alleged wine but in actual, he was present in the said vehicle in the capacity of its driver and he is not owner of the said vehicle and he has fair and clean

Patna High Court CR. MISC. No.29529 of 2023(2) dt.19-05-2023 2/2 antecedent. Further submissions are that the petitioner has been languishing in jail since 14.03.2023 and against him the investigation has been completed and at the time of search and seizure of the alleged wine, provisions of Section 100 of Cr.P.C. were not complied with by the police.

4. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Navinagar P.S. Case No. 105 of 2023.

(Shailendra Singh, J.) maynaz/- U T