Patna High CourtCR. MISC./61487/2022bail granted

Narayan Prasad Singh v. The State Of Bihar

2023-01-06Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61487 of 2022 Arising Out of PS. Case No.-280 Year-2022 Thana- BAHERI District- Darbhanga ====================================================== Narayan Prasad Singh, Male, aged about 61 years, S/O Late Rameshwar Singh, Resident of village- Inai, P.S. Baheri, District Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-01-2023 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Baheri P.S. Case No. 280/22 dated 10.09.2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition of Excise Act. 478 (four hundred & seventy-eight) bottles (80.04 litres) of illicit liquor has been recovered from the vehicle. The petitioner is stated to be arrested from this vehicle in question. It is submitted by the learned counsel for the petitioner that the petitioner has been framed. He has no concern with vehicle or liquor. The petitioner has no antecedent. He is in custody since 10.09.2022. Recover is not in accordance with law.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Patna High Court CR. MISC. No.61487 of 2022(2) dt.06-01-2023 2/2 Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-1 Excise, Darbhanga, in connection with Baheri P.S. Case No. 280/22, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) rajkishore/- U T