Patna High CourtCR. MISC./40646/2023allowed

Surendra Singh v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40646 of 2023 Arising Out of PS. Case No.-530 Year-2022 Thana- SAHPUR District- Patna ====================================================== Surendra Singh Son Of Kanchhi Singh Resident Of Village-Ashafpur Nagaliya, P.S.-Khujee Nagar, District-Bulandsahar, Uttar Pradesh. At Present Residing At Vikash Colony, Shashi Gate, P.S.-Shashi Gate, Tehkaul, DistrictAligarh (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Ranjan For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a), 41 and 56 of the Bihar Prohibition & Excise Act.

There is recovery of 209.25 litres of illicit Indian made foreign liquor from a mini bus and a maruti car.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Though

Patna High Court CR. MISC. No.40646 of 2023(2) dt.21-07-2023 2/2 the petitioner is owner of the vehicles in question but he has given the aforesaid vehicles on rent to one Amit Kumar. The petitioner has no concern with the seized illicit liquor. The petitioner is languishing in custody since 01.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is directed to deposit a sum of Rs. 20,000/-(Rupees Twenty Thousands) in the District Legal Services Authority, Patna.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna in connection with Sahpur P.S. Case No. 530 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T