Theha Singh @ Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73913 of 2023 Arising Out of PS. Case No.-295 Year-2021 Thana- UCHKAGAON District- Gopalganj ====================================================== Theha Singh @ Surendra Singh Son Of Late Shivjee Singh Resident Of Village- Jamsar Bazar, Ps- Uchkagaon, Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) (b) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of eight litres country made liquor from a bag, which was thrown by accused person, who managed to escape after seeing the police party. Allegedly petitioner was going to deliver the said liquor to several person.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner was not arrested on spot. No incriminating article was recovered from his conscious possession. He has no

Patna High Court CR. MISC. No.73913 of 2023(2) dt.02-12-2023 2/2 concern with the alleged recovery or with the place of occurrence. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 30.6.2023. Learned APP appearing for the State has opposed the prayer of Bail.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise-I, Gopalganj in connection with Uchkagaon P.S. Case No. 295 of 2021.

(Sunil Kumar Panwar, J) sushma/- U