Anil Singh @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35327 of 2024 Arising Out of PS. Case No.-123 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Anil Singh @ Anil Kumar Son of Jai Govind Singh Resident of Village - Barahara, Police Station - Barahara, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Udwantnagar PS Case No. 123 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 100 liters liquor was recovered from tempo.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner was

Patna High Court CR. MISC. No.35327 of 2024(2) dt.08-05-2024 2/2 acting on the instructions of his employer, who instructed him to carry the goods loaded in the tempo. The petitioner is in custody since 23-03-2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udwantnagar PS Case No. 123 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T