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Patna High CourtCR. MISC./44567/2023allowed

Santosh Kumar Singh v. The State Of Bihar

2023-07-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44567 of 2023 Arising Out of PS. Case No.-230 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Santosh Kumar Singh Son Of Late Prabhunath Singh Resident Of VillageLathwa, Ps- Mohanpur, Distt- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 70 liters of country made liquor from a car and this petitioner is said to be the owner of the said vehicle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to highhandedness of police. It is further submitted that he has no concern with the alleged recovery of illicit liquor. It is also submitted that a statement has been made in para-3 of this petition that the

Patna High Court CR. MISC. No.44567 of 2023(2) dt.28-07-2023 2/2 petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.05.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madanpur P.S. Case No. 230 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise-I, Aurangabad (Bihar). (Sunil Kumar Panwar, J) shubham/- U T