Abhishek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70538 of 2023 Arising Out of PS. Case No.-1665 Year-2023 Thana- Excise P.S. District- Muzaffarpur ====================================================== Abhishek Singh Son Of Ashok Kumar Singh R/O Village- Nargi Jivnath Kolwara, P.S. (JAITPUR O.P.) Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-11-2023 Heard Mr. Ravi Ranjan, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 1665 of 2023, registered for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. In course of verification of a complaint, a team of police personnel conducted raid in the house of Sri Narayan Thakur and his wife Rupam Thakur and on search being made, total 28.125 litres illicit foreign liquor was recovered. On interrogation, they disclosed that the room from which recovery has been made is owned by Abhishek Singh on rent.

4. It is submitted on behalf of the petitioner that in

Patna High Court CR. MISC. No.70538 of 2023(2) dt.07-11-2023 2/3 fact the petitioner has neither any concern with the alleged illicit foreign liquor nor the petitioner is the renter of the house of Sri Narayan Thakur or Rupam Thakur. It is submitted that said Sri Narayan Thakur and Rupam Thakur, in order to save their skin, falsely implicated the name of the petitioner. Moreover, the petitioner is a man of fair antecedent, and there is no other material suggesting his complicity in the crime, apart from there are other infirmities in search and seizure.

5. On the other hand, learned counsel for the State opposes the bail application and submits that the recovery has been made from the room of which the petitioner was the renter.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that there is no material, suggesting that the petitioner was the renter in the house from where recovery has been made, coupled with his fair antecedent, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No. II, Muzaffarpur in connection with Excise P.S. Case No.

Patna High Court CR. MISC. No.70538 of 2023(2) dt.07-11-2023 3/3 1665 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T