Patna High CourtCR. MISC./60889/2023allowed

Shiv Kumar Singh @ Shio Kumar Singh v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60889 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== Shiv Kumar Singh @ Shio Kumar Singh S/O Late Navmi Singh @ Nami Singh R/O Village- Madarahan, Ps. Charpokhari, Dist. Bhojpur, Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 230 litres from near the house of the petitioner and three persons including the petitioner were arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the place of occurrence. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is

Patna High Court CR. MISC. No.60889 of 2023(2) dt.15-09-2023 2/2 languishing in judicial custody since 31.8.2023. 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 Court-1st, Bhojpur, Ara in connection with Charpokhari P.S. Case No. 151 of 2023.

(Sunil Kumar Panwar, J) sushma/- U