Malu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1994 of 2023 Arising Out of PS. Case No.-451 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== MALU SINGH Son of Madan Singh Resident of village - Bhagwatipur, P.S. - Udwantnagar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

50 liters of Mahua wine has been recovered from a motorcycle, which was being driven by co-accused Predhan @ Joshi, and was apprehended on spot.

It is submitted on behalf of petitioner that petitioner is neither owner nor driver of the alleged motorcycle and nothing has been recovered from his conscious possession. Petitioner has been made accused in this case only on the basis of confessional statement of apprehended co-accused. Petitioner claims clean antecedent.

Considering the nature of allegation and clean antecedent of petitioner, let the above named petitioner, in the

Patna High Court CR. MISC. No.1994 of 2023(2) dt.27-03-2023 2/2 event of his arrest or surrender within a period of six weeks from today, be enlarged on bail 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 Judge - II, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 451 of 2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) anay/- U T