Patna High CourtCR. MISC./74612/2022allowed

Sri Bhagwan Singh v. The State Of Bihar

2023-01-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74612 of 2022 Arising Out of PS. Case No.-551 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== SRI BHAGWAN SINGH Son of Kamalu Singh Resident of Village- Dulaur Dih, P.S.- Jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

Prosecution case relates to recovery of 25 liters country made liquor from the bank of Cheri river. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Place of recovery is a open place and the petitioner has no concern with it or with the alleged recovery of illicit liquor. No any incriminating article

Patna High Court CR. MISC. No.74612 of 2022(2) dt.13-01-2023 2/2 has been recovered from his conscious possession. The name of the petitioner came into light on disclosure made by local Chaukidar. The petitioner is languishing in judicial custody since 7.11.2022.

Learned APP appearing for the State has vehemently 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 released on bail in connection with Jagdishpur P.S. Case No. 551 of 2022 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 Excise Court-I, Bhojpur at Ara.

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