Binod Kumar Singh @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46106 of 2023 Arising Out of PS. Case No.-172 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== BINOD KUMAR SINGH @ BINOD KUMAR Son of Late Shiv Mangal Singh Resident of village - Piyniya, P.S. - Udawantnagar, Distt, - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kahkashan Alam, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Chainpur P.S. Case No. 172 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

4. The accused/petitioner is named in the F.I.R. and is in custody since 03.06.2023.

5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 199.74 litres of IMFL/country made liquor from the alleged vehicle.

6. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.46106 of 2023(2) dt.04-08-2023 2/2 petitioner submitted that implication of this petitioner appears in this case only for the reason that he is a driver of the alleged vehicle carrying illicit liquor, where seizure list also appears doubtful being not supported by independent witnesses, rather by police personnels. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent.

7. Learned APP opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above, and by taking note of the fact as implication of this petitioner appears only being driver of alleged vehicle, where petitioner is in custody since 03.06.2023, accordingly, above named petitioner is directed to be released on bail in connection with Chainpur P.S. Case No. 172 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise No. 1-cum-Additional District Judge-IV Kaimur at Bhabhua/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T