Patna High CourtCR. MISC./58284/2023allowed

Anand Singh v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58284 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- KOCHAS District- Rohtas ====================================================== 1.

Anand Singh S/O Shiv Singh R/O Village- Mansurganj, Ward No.-69, P.SMalsalami, Distt.- Patna. 2.

Pricne Kumar Singh S/O Sanjay Singh R/O Village- Mansurganj, Ward No.- 69, P.S- Malsalami, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners prayed for regular bail in connection with Kochas P.S. Case no. 194 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 355 liters of foreign liquor from a Hyundai Car bearing Registration No. BR-01FZ-8559 and the petitioners are said to have apprehended on spot.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have

Patna High Court CR. MISC. No.58284 of 2023(2) dt.04-09-2023 2/2 committed no offence. They has falsely been implicated in this present case. They have got no criminal antecedent. Petitioners have no concern with the alleged recovery of illicit liquor and the seized vehicle belongs to mother of the petitioner No.1 namely, Anand Singh. No any incriminating article has been recovered from their conscious possession. Moreover, both the petitioners are languishing in judicial custody since 4.7.2023.

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, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kochas P.S. Case No. 194 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 Exclusive Special Excise Court No.-2-cum-Additional District and Sessions Judge, Rohtas at Sasaram.

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