Patna High CourtCR. MISC./49550/2023allowed

Arvind Kumar Singh @ Raja v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49550 of 2023 Arising Out of PS. Case No.-289 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== ARVIND KUMAR SINGH @ RAJA S/O AJAY KUMAR SINGH R/O MOHALLA- NEW BAHIRO SAHYOGINAGAR, PS. ARA NAWADA, DIST. BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 38 liters of illegal foreign liquor from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern either with the seized wine in question. From the perusal of the FIR, it appears that the alleged recovery of liquor

Patna High Court CR. MISC. No.49550 of 2023(2) dt.11-08-2023 2/2 has been shown from the joint house of the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not followed in this case, while preparing the seizure list. He is languishing in judicial custody since 02.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Ara Nawada P.S. Case No. 289 of 2023.

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