Mithlesh Singh @ Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60888 of 2023 Arising Out of PS. Case No.-15 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== MITHLESH SINGH @ MITHILESH SINGH son of Late Bhagwan Singh Village- Renu Bigha Ps- Muffasil Aurangabad Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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.

Prosecution case relates to recovery of total 198.72 liters illicit liquor from a Truck bearing Reg. No. BR-24GA-2996. 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. He has falsely been implicated in this case due to dirty village politics. He has no concern with the alleged recovery of liquor or with the vehicle in question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his

Patna High Court CR. MISC. No.60888 of 2023(2) dt.22-09-2023 2/2 conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. The other co-accused namely, Mithlesh Ram @ Mithilesh Ram has already been enlarged on bail by another coordinate Bench of this Court vide order dated 15.05.2020 passed in Cr. Misc. No.15790 of 2020 which is annexed as Annexure-2 (series) of this petition. Petitioner is languishing in judicial custody since 18.07.2023.

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 Special Judge Excise 1st, Aurangabad (Bihar) in connection with Muffasil P.S. Case No. 15/2020/G.R.No. 101 of 2020. (Sunil Kumar Panwar, J) lata/- U T