Vivek Singh @ Shibbu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52879 of 2024 Arising Out of PS. Case No.-530 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Vivek Singh @ Shibbu S/o Nandu Singh R/o vill - Barahuli, P.S. - Mohania, Distt. - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with P.R. No. 530 of 2024 arising out of Prohibition & Excise P.S. Case No. 530/2024 dated 18.06.2024 registered for the offences punishable u/s 30(a), 32(3), 41(1) and (2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 250.56 litres of illicit foreign liquor was recovered from the dickey of the car.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.52879 of 2024(2) dt.24-07-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is owner and driver of the said vehicle. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabhua in connection with P.R. No. 530 of 2024 arising out of Prohibition & Excise P.S. Case No. 530/2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without

Patna High Court CR. MISC. No.52879 of 2024(2) dt.24-07-2024 3/3 reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T