Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62985 of 2023 Arising Out of PS. Case No.-561 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Surendra Singh S/O Ran Singh Village Gorarh, Ps- Kharkhora, Dist- Sonipat (HARIYANA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bhabua P.S. Case No. 561 of 2023 registered under sections 419, 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a), 32(i), (ii) and 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 3532.35 liters of country made liquor from a Truck Bearing Reg. No. UP83AT2532 and this petitioner was said to be the driver of the said vehicle and also he was apprehended on spot. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.62985 of 2023(2) dt.05-10-2023 2/3 nothing incriminating has been recovered from the conscious possession of the petitioner and he has no concern with the seized illicit liquor. Moreover, he is languishing in judicial custody since 22.06.2023.

The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police from where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 20,000/- (Rs. Twenty Thousand) in the District Legal Services Authority of the concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhabua P.S. Case No. 561 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-I, Kaimur at Bhabua.

The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of deposit

Patna High Court CR. MISC. No.62985 of 2023(2) dt.05-10-2023 3/3 of Rs. 20,000/- (Rs. Twenty Thousand) by the petitioner in the account of concerned DLSA.

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