Vikash Kumar Singh @ Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48994 of 2023 Arising Out of PS. Case No.-484 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== VIKASH KUMAR SINGH @ SONU SINGH S/o Sri Sanoj Singh R/o Village-Rampatti, Ward No.-08, P.S.-Singeshwar, District-Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranab Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 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 350 liters of cough syrup from two Cars, which was being driven by petitioner and other co-accused.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the cough syrup in question. On the basis

Patna High Court CR. MISC. No.48994 of 2023(2) dt.10-08-2023 2/2 of suspicion and due to his criminal antecedent, he has been falsely implicated in the present case by the police. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the present case relates to recovery of cough syrup and therefore the same will not come under the provision of Excise Act. He is languishing in judicial custody since 25.06.2023.

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 Government Official Comp. P.S. Case No. 484 of 2023. (Sunil Kumar Panwar, J) arish/- U T