Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75412 of 2022 Arising Out of PS. Case No.-292 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== Narayan Singh S/O Murari Singh R/O Village- More Sarai, P.S- Shivsagar, District- Rohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 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 85.250 litres of Indian Made Foreign Liquor from a car bearing Registration No. CG-10F-7271. The petitioner is alleged to be the driver of vehicle in question.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. Nothing has been

Patna High Court CR. MISC. No.75412 of 2022(2) dt.25-02-2023 2/2 recovered from his conscious possession. It is also submitted that the petitioner was not aware about the illegal wine loaded by the other co-accused persons sitting in the said vehicle. There is no independent witness of the alleged seizure. He is languishing in judicial custody since 23.06.2022.

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 No. 2-cumAdditional District & Session Judge, Rohtas, Sasaram in connection with Shivsagar P.S. Case No. 292 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T