Awadh Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76146 of 2023 Arising Out of PS. Case No.-882 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== 1.

AWADH KISHORE SINGH S/O LATE RAM NARESH SINGH RESIDENT OF VILLAGE- HASANPURWA, P.S.- SIWAN MUFFASIL, DISTRICT- SIWAN 2.

ARBIND SINGH S/O UDAYNARAYAN SINGH R/O VILL.- CHAUMUKHA, P.S.- PACHRUKHI, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Siwan Excise P.S. Case No. 882/23 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, 126 litre illicit liquor was recovered from an Alto Car in question. Petitioners were apprehended at the place of occurrence.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this

Patna High Court CR. MISC. No.76146 of 2023(2) dt.29-11-2023 2/3 case. Petitioners bear no criminal antecedent. It is further submitted that petitioners have no concern with the seized liquor or the vehicle in question. Nothing has been recovered from conscious possession of the petitioners. Petitioners are in custody since 14.09.2023.

The learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise II, Siwan in connection with Siwan Excise P.S. Case No. 882/23, subject to the following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates

Patna High Court CR. MISC. No.76146 of 2023(2) dt.29-11-2023 3/3 without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T