Himanshu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36654 of 2020 Arising Out of PS. Case No.-350 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Himanshu Singh S/o Arvind Singh @ Arvind Kumar Singh Resident of Village- Karamdih Verma, P.s.- Kutumba, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2021 Heard the learned counsel for the petitioner and Mrs. Sharda Kumari, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Excise P.S. Case No. 350 of 2020 (CIS 350/2020) for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 90 liters of illicit foreign liquor from a car in which the petitioner was found sitting.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 07.09.2020. The
Patna High Court CR. MISC. No.36654 of 2020(2) dt.30-01-2021 2/2 learned counsel for the petitioner has further submitted that the car in question does not belong to the petitioner and he was merely a co-passenger in the said car.
Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.
Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the fact that the petitioner is not the owner of the car in question and is languishing in custody since 07.09.2020, 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 regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Excise P.S. Case No. 350 of 2020 (CIS/2020). (Mohit Kumar Shah, J) Tiwary/- U T