Maheshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38012 of 2024 Arising Out of PS. Case No.-178 Year-2017 Thana- KHAIRA District- Saran ====================================================== MAHESHWAR SINGH S/O BINDA SINGH R/O VILLAGE- PHATEPUR @ FATEHPUR, P.S- PARASA, DISTT.- SARAN AT CHAPRA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Srivastva For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Khaira (Nagra) P.S. Case No.178 of 2017 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

Allegation against the petitioner is to have involved in illegal trade of liquor and there is recovery of total 1447 litres of illicit liquor from a container bearing registration no. HR55K5693.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in

Patna High Court CR. MISC. No.38012 of 2024(2) dt.22-05-2024 2/2 the FIR and his name surfaced from his mobile number which was recovered from the possession of other co-accused, namely, Rajeshwar Singh, as it appears from perusal of impugned order. It is submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioner and he has not concern with the alleged recovery. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 23.03.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Khaira (Nagra) P.S. Case No.178 of 2017 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra. (Ramesh Chand Malviya, J) S.Katyayan/- U T