Shaheel Singh @ Nicky v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35558 of 2025 Arising Out of PS. Case No.-129 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Shaheel Singh @ Nicky S/O Raghubansh Singh R/O Village- Deokali, P.SObra, Dist.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priya Ranjan, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. Perusal of the first information report and the seizure list would go to show that total 300.5 liters of foreign liquor is said to have been recovered from a room of the house which belongs to co-accused, Chetak Kumar.
4. It is submitted by learned counsel for the petitioner that there is no recovery from the conscious or physical possession of the petitioner. As a matter of fact, the petitioner was apprehended from a four wheeler but there is no recovery from the said four wheeler. There is violation of the mandatory
Patna High Court CR. MISC. No.35558 of 2025(2) dt.26-05-2025 2/2 provisions of the search and seizure as there is no independent witness to the seizure list. It is also pointed out that similarly situated co-accused, Vipul Chandra Varma has already been enlarged on bail by this Court vide order dated 19.05.2025 passed in Cr. Misc. No.32381 of 2025. Petitioner has been languishing in custody since 10.04.2025.
5. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Obra P.S. Case No. 129 of 2025.
(Soni Shrivastava, J) Trivedi/- U T