Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59024 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- CHARPOKHARI District- Bhojpur ====================================================== RAJU SINGH son of Rajbali Singh Village- Thegawa Ps- Charpokhari DistBhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, on seeing the police party, two persons on a motorcycle fled away leaving behind a motorcycle and from the alleged motorcycle total 60 liters of mahua liquor was recovered.

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 the present case on the basis of suspicion. He has no concern with the alleged recovery of liquor. He is neither the owner nor the driver of the

Patna High Court CR. MISC. No.59024 of 2023(2) dt.12-09-2023 2/2 alleged motorcycle rather it belongs to his father. The name of the petitioner has been dragged in this case only at the instance of local chaukidaar. Neither the petitioner was arrested on the spot nor any incriminating article has been recovered from his conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Petitioner is languishing in judicial custody since 26.07.2023.

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

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 Exclusive Special Excise Judge-I, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 180 of 2022.

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