Theha Singh @ Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76269 of 2023 Arising Out of PS. Case No.-25 Year-2018 Thana- HATHUA District- Gopalganj ====================================================== Theha Singh @ Surendra Singh Son Of Late Shivjee Singh Resident Of Village - Jamsar Bazar, P.S. - Uchkagaon, District - 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.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 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), 38, 41(i)(ii) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 108.360 litres of Indian Made Foreign Liquor and one motorcycle bearing Reg No. BR-28M-9874 from open place.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.76269 of 2023(4) dt.27-02-2024 2/3 has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is not named in the F.I.R. and his name sprang up in this case on the basis of recovery of motorcycle from the place of seizure which is registered at the name of petitioner's mother, namely, Kunti Devi. Moreover, petitioner is languishing in judicial custody since 30.05.2023.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that petitioner has five criminal antecedents.

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

Patna High Court CR. MISC. No.76269 of 2023(4) dt.27-02-2024 3/3 to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Court I, Gopalganj in connection with Hathua P.S. Case No. 25 of 2018. (Sunil Kumar Panwar, J) Nirajkrs/- U T