Patna High CourtCR. MISC./57502/2024bail granted

Abhishek Kumar @ Abhishek Singh v. The State Of Bihar

2024-08-31Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57502 of 2024 Arising Out of PS. Case No.-570 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== Abhishek Kumar @ Abhishek Singh son of Ramesh Singh resident of villageRamgadh, Po- khalwa, Ps-Nautan Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Shahi, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Siwan Excise P.S. Case No. 570 of 2023 dated 04.06.2023, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, FIR has been lodged against nine named accused persons including the present petitioner. Total 990 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner has illegally been dragged in this

Patna High Court CR. MISC. No.57502 of 2024(3) dt.31-08-2024 2/3 case on the basis of suspicion and nothing has been recovered from the conscious possession of the petitioner. Counsel further submits that the criminal antecedent of the petitioner is not clean as there are three criminal cases pending against him in which in two cases, he is on bail and in one case, he is persuading for bail. The petitioner is in custody since 12.06.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2, Siwan in connection with Siwan Excise P.S. Case No. 570 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. Pending cases against the petitioner are as follows:- (I)- Hathua P.S. Case No. 127 of 2023.

(II)- Uchkagaon P.S. Case No. 21 of 2024.

Patna High Court CR. MISC. No.57502 of 2024(3) dt.31-08-2024 3/3 (III)- Shrirampur (Deoria) P.S. Case No. 89 of 2024. (Dr. Anshuman, J) Divyansh/- U T