Chandan Singh @ Sudama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42981 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- AMBA District- Aurangabad ====================================================== CHANDAN SINGH @ SUDAMA SON OF ASHOK SINGH R/O VILLAGE- KAILA BIGHA WARD NO.-9, P.S.- KUTUMBA, DISTRICTAURANGABAD (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Anita Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Amba P.S. Case No. 30 of 2021for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation is regarding recovery of 517.50 litres of illicit country made liquor from a Scorpio vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 16.03.2021. The learned counsel for the petitioner has further referred to paragraph no. 9 of the present petition to submit that the vehicle in question does not belong to the petitioner. Lastly, the learned counsel for the petitioner has submitted that the provision contained under Section 100 Cr.P.C. has not been followed while preparing the seizure list, hence the same stands vitiated in the eyes of law inasmuch as the seizure list does not bear the signature of the petitioner.

Patna High Court CR. MISC. No.42981 of 2021(2) dt.07-01-2022 2/2 Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

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 as also considering the fact that the petitioner has categorically stated in the present petition that the Scorpio vehicle does not belong to the petitioner and moreover the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IIcum-Special Judge (Excise), Aurangabad in connection with Amba P.S. Case No. 30 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T