Shashi Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79857 of 2023 Arising Out of PS. Case No.-1568 Year-2023 Thana- Excise P.S. District- Muzaffarpur ====================================================== Shashi Bhushan Singh Son Of Late Ram Sogarath Singh Resident Of Village - Jamin Mathiya, P.S.- Minapur, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 4601.520 liters of country made liquor from six vehicles altogether.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He was not apprehended on spot and nothing has been recovered from the conscious possession of the petitioner. He has no concern with the seized liquor. He is a night guard of the premises from where the recovery has been made. A statement has been made in para-3

Patna High Court CR. MISC. No.79857 of 2023(2) dt.11-12-2023 2/2 of this petition that the petitioner has got no criminal antecedent. Moreover, he is is languishing in judicial custody since 05.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 1568 of 2023 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 Judge Excise Court No-II, Muzaffarpur.

(Sunil Kumar Panwar, J) Shubham/- U T