Akash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69862 of 2019 Arising Out of PS. Case No.-319 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Nalanda ====================================================== AKASH KUMAR SINGH Son of Sri Shyam Singh Resident of Adarsh Nagar Tatisilwai, P.S.- Tatisilwai, District-Ranchi, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

This application for regular bail arises out of Excise Case No.319 C3 Ex./19, disclosing the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. From a bus coming from Ranchi to Patna the Excise Officials are said to have recovered a total of 260 litres of foreign liquor. It is alleged in the prosecution report that the petitioner confessed before the Excise Officials that he was carrying the luggage.

Learned counsel appearing on behalf of the petitioner has submitted that he has clean antecedent and he has been falsely implicated, though the goods seized did not belong to him. He contends that he has been implicated only on the basis of disclosure made by the driver of the bus and other

Patna High Court CR. MISC. No.69862 of 2019(2) dt.18-12-2019 2/2 passengers. He denies that the petitioner ever made any declaration before the police that the seized goods belonged to him.

Considering the submission advanced on behalf of the petitioner that the recovery was not made from his possession rather from public transport vehicle, this application is allowed. Let the petitioner, above named, be released 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 Special Excise Judge, Nalanda in Excise Case No.319 C3 Ex./19.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prakash Narayan /- U T