Patna High CourtCR. MISC./69317/2023allowed

Abhishek Kumar Singh v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69317 of 2023 Arising Out of PS. Case No.-199 Year-2023 Thana- AMBA District- Aurangabad ====================================================== ABHISHEK KUMAR SINGH S/O -MANOJ SINGH VILLAGEJAMUNA,PS. KUTUMBA, DIST. AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 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 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 86.40 liters country made liquor from a car bearing Reg. DL3AB-9164.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is neither owner nor driver of the alleged vehicle rather due to high handedness of the police officials he has falsely been implicated in this

Patna High Court CR. MISC. No.69317 of 2023(2) dt.02-11-2023 2/2 present case. The petitioner has no concern with the alleged recovery and no any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that Section 100 of the Cr.P.C. has not been followed while preparing the seizure list. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amba P.S. Case No. 199 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 Special Judge Excise No-I, Aurangabad. (Sunil Kumar Panwar, J) manishkumar/- U T