Tez Narayan Singh @ Tezu @ Tez Bahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58484 of 2023 Arising Out of PS. Case No.-495 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== TEZ NARAYAN SINGH @ TEZU @ TEZ BAHADUR SINGH son of Mohan Singh R/o- Ahinora Ps- Mohania Dist- Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 32(2) (3), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 761.55 liters of illicit liquor from a public bus and the petitioner is said to be driver of the said bus.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner is only driver of the bus but he has no concern with the alleged recovery of illicit liquor. No

Patna High Court CR. MISC. No.58484 of 2023(2) dt.01-09-2023 2/2 any incriminating article has been recovered from conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 12.7.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gardanibagh P.S. Case No. 495 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T