Harish Chandra Singh @ Harishchandra Kumar @ Vidhayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55442 of 2023 Arising Out of PS. Case No.-109 Year-2021 Thana- KHANPURA District- Samastipur ====================================================== HARISH CHANDRA SINGH @ HARISHCHANDRA KUMAR @ VIDHAYAK SON OF BISHUNDEO SINGH RESIDENT OF VILLAGEFATEPUR, PS- MUSARIGHARARI, DIST- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 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 30(a), 41(i) (ii) and 47 of the Bihar Prohibition and Excise (Amendment) Act.

3. Prosecution case relates to recovery of total 3616.380 liters of foreign liquor from a Truck bearing Registration No. BR 02GA-0563.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the F.I.R. Being owner of the said truck he has been falsely implicated in

Patna High Court CR. MISC. No.55442 of 2023(4) dt.28-11-2023 2/2 this case. He has no concern with the alleged recovery of liquor. He has given his truck to his driver and he has no knowledge about the recovered liquor. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 23.06.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. 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 Special Judge Excise-I, Samastipur in connection with Khanpur P.S. Case No. 109 of 2021.

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