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Patna High CourtCR. MISC./70546/2023allowed

Santlal Kumar Singh v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70546 of 2023 Arising Out of PS. Case No.-842 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== 1.

SANTLAL KUMAR SINGH son of Jagdish Singh Village- Sumerpur PsMairwa Dist- Siwan 2.

Suryajeet Yadav son of Radhamohan Choudhary Village- Sumerpur PsMairwa Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act.

As per prosecution, the petitioners are alleged to have apprehended with a motorcycle from where, 90 liters of illicit liquor was recovered.

Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case. Petitioners have no concern with the alleged recovery or

Patna High Court CR. MISC. No.70546 of 2023(2) dt.06-11-2023 2/2 with the vehicle in question. No any incriminating article has been recovered from their conscious possession. The petitioners are languishing in judicial custody since 28.8.2023. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioners are directed to deposit a sum of Rs 5,000/- (Five Thousand) each in the District Legal Services Authority of concerned District.

Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Siwan Excise P.S. Case No. 842 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 Exclusive Special Excise Court No.II, Siwan.

The bail bonds of the petitioners shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by each petitioner in the account of the concerned DLSA.

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