Awadhesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80846 of 2023 Arising Out of PS. Case No.-1205 Year-2023 Thana- Excise P.S. District- Jamui ====================================================== Awadhesh Singh Son Of Late Banbari Singh R/O Village- Rehua, P.S.- Lakhisarai, Dist.- Lakhisarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 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) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 98.62 litres of IMFL from an auto and petitioner was sitting inside as passanger.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle in question. Petitioner Uday Shankar Singh was driver and he was also arrested on spot. Provision of Section 100 CR.P.C. has not been
Patna High Court CR. MISC. No.80846 of 2023(2) dt.14-12-2023 2/2 followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 5.9.2023. 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 Special Judge, Excise-II, Jamui in connection with Jamui Prohibition P.S. Case No. JAM-1205/2023. (Sunil Kumar Panwar, J) sushma/- U