Patna High CourtCR. MISC./49755/2023allowed

Niranjan Kumar Singh v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49755 of 2023 Arising Out of PS. Case No.-298 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Niranjan Kumar Singh Son Of Vinay Singh Resident Of Village - Gawandhari, P.S. - Kundwachainpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 414, 272 and 273 of the Indian Penal Code and sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 3780 illicit IMFL from a truck and petitioner was arrested after chase by the police personal.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. Vehicle belongs to Brajesh Singh, who is also an accused in this case. Provision of Section 100 CR.P.C.

Patna High Court CR. MISC. No.49755 of 2023(3) dt.29-08-2023 2/2 has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 17.06.2023.

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 Excise Court No. 1, Motihari, East Champaran in connection with Chiraiya PS Case No. 298 of 2023.

(Sunil Kumar Panwar, J) sushma/- U