Aansh Singh @ Ansh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49512 of 2024 Arising Out of PS. Case No.-316 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Aansh Singh @ Ansh Singh Son of Rakesh Singh R/O Vill.- Titara, Vishunpur Tola, P.s.- Mairwa, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 639.360 litres of Indian Made Foreign Liquor from a Scorpio bearing Reg. No. UP-70BH-7412. Petitioner is alleged to be apprehended from the spot who disclosed the name of two fled away persons including the driver. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.49512 of 2024(2) dt.20-07-2024 2/3 has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioner is languishing in judicial custody since 21.05.2024. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. II, Siwan in connection with Siwan Excise P.S. Case No. 316 of 2024, subject to the following conditions:-

Patna High Court CR. MISC. No.49512 of 2024(2) dt.20-07-2024 3/3

1. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

2. If the petitioner threatens the informant or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. If the petitioner repeat the offences of similar nature, as alleged in the present case, the prosecution will be at liberty to move for cancellation of bail.

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