Tarkeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75348 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Tarkeshwar Singh Son Of Vidha Singh @ Vidya Singh Village Salempur Ps Lalganj District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 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), 30(d) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 35 litres of liquor from an open field and allegedly three persons managed to escape including the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the spy before the police. Neither the petitioner was arrested on spot nor any incriminating article has

Patna High Court CR. MISC. No.75348 of 2023(2) dt.29-11-2023 2/2 been recovered from his conscious possession. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 19.08.2023.

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 Exclusive Spl. Excise Court no.-cum-Additional Distt. & Sessions Judge, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 127 of 2023.

(Sunil Kumar Panwar, J) sushma/- U