Patna High CourtCR. MISC./71815/2023allowed

Vikash Singh v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71815 of 2023 Arising Out of PS. Case No.-324 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Vikash Singh Son Of Ramakant Singh Resident Of Village - Harkhauli Uttar Tola, P.S. - Mirganj, 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.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 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 and Section 414 of IPC.

3. Prosecution case relates to recovery of 578.880 liters of country made liquor from a Scorpio vehicle bearing Reg. No. BR01PH-1467.

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. The petitioner was not apprehended on spot. His name has been transpired in this case on the basis of disclosure made by apprehended accused persons. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.71815 of 2023(2) dt.07-11-2023 2/2 possession and also he has no concern with the seized liquor. Moreover, he is languishing in judicial custody since 14.09.2023.

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 Phulwariya P.S. Case No. 324 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-IIcum-Special Judge, Excise Court No-I, Gopalganj. (Sunil Kumar Panwar, J) Shubham/- U T