Biru Kumar Singh @ Viru Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70494 of 2023 Arising Out of PS. Case No.-307 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== BIRU KUMAR SINGH @ VIRU KUMAR SINGH S/O AWADHESH SINGH R/O VILLAG- HARPUR, P.S- EKMA, DISTT.- CHHAPRA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Manjhagarh P.S. Case No. 307 of 2023 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per FIR, the petitioner was apprehended on the spot and from a Scorpio Vehicle bearing Reg. No. DL2FX0050, total 567 liters of country made liquor was recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in

Patna High Court CR. MISC. No.70494 of 2023(2) dt.06-11-2023 2/3 this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of liquor nor vehicle in question belongs to him. It is further submitted that nothing incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 02.09.2023. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner being driver of the alleged vehicle is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

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 released on bail in connection with Manjhagarh P.S. Case No. 307 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 Sessions Judge-II-cum-Special Judge, Excise Court No.I, Gopalganj.

Patna High Court CR. MISC. No.70494 of 2023(2) dt.06-11-2023 3/3 The bail bond of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) lata/- U T