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Patna High CourtCR. MISC./40925/2023allowed

Upendra Singh @ Biresh Singh v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40925 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- DARAUNDA District- Siwan ====================================================== 1.

Upendra Singh @ Biresh Singh Son Of Alakhdeo Singh Residence Of Village-Sherpur, P.S.-Daraundha, District-Siwan 2.

Mohit Kumar Singh Son Of Upendra Singh @ Biresh Singh Residence Of Village-Sherpur, P.S.-daraundha, District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 206.90 litres of illicit liquor from the house of the petitioners.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners and father and son respectively and the recovery has been

Patna High Court CR. MISC. No.40925 of 2023(2) dt.14-07-2023 2/2 made from the joint family house. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the illicit liquor. The petitioners are languishing in custody since 27.04.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge-cum-Special Excise Court-I, Siwan in connection with Daraundha P.S. Case No. 113 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T