Vishal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65117 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- KANHAULI District- Sitamarhi ====================================================== Vishal Singh Son of Uday Singh R/o vill - Mishariya Tola, Sahiyara, P.s. - Sahiyara, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 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, the police intercepted the bike which was driving by co-accused Chandan Kumar whereas petitioner was sitting on the bike. Both were apprehended and on search them, total 36 liters of Nepali liquor, one kg ganja like substance, one country made pistol and two cartridges were 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 this case. Neither he

Patna High Court CR. MISC. No.65117 of 2023(2) dt.13-10-2023 2/2 has concern with the motorcycle in question nor anything recovered from the motorcycle in question. No any incriminating article has been recovered from his conscious possession. It is also submitted that petitioner has already been granted bail by the learned court below in Kanhauli P.S. Case No. 198 of 2022 with respect of recovery of arms and ammunitions as well as substance like ganja. Petitioner is languishing in judicial custody since 09.01.2023. 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, Sitamarhi in connection with Kanhauli P.S. Case No. 199 of 2022.

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