Patna High CourtCR. MISC./65677/2023allowed

Bhim Singh v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65677 of 2023 Arising Out of PS. Case No.-362 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Bhim Singh Son Of Kanhaiya Bhagat @ Kanhaiya Singh Resident Of Village - Khargawa, P.S. - Bhore, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30a of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 594.18 liters of foreign liquor from a scorpio car bearing Reg. No. BR29A-1851.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized liquor. Petitioner is not the owner of the said vehicle rather the owner of the said vehicle is one Vinod

Patna High Court CR. MISC. No.65677 of 2023(2) dt.17-10-2023 2/2 Sharma who is also named in FIR. Petitioner is only a driver of said vehicle and he has no knowledge about the illicit liquor. Moreover, he is languishing in judicial custody since 07.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kateya P.S. Case No. 362 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, Excise Court No-1, Gopalganj.

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