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Patna High CourtCR. MISC./83944/2024bail granted

Diwana Singh v. The State Of Bihar

2025-01-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83944 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Diwana Singh Son of Vijay Singh @ Vijay Kumar Resident of Khaira, P.S.- Gaurichak, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhukar Anand, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) and 41(1) of Bihar Excise Act.

3. As per prosecution case, 110 liters illicit liquor has been recovered from Innova Car.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to suspicion. Further submission is that petitioner is neither the owner nor the driver of the seized vehicle. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has got one criminal antecedent of similar nature in which, he is on bail.

5. Learned A.P.P. for the State opposed the prayer for

Patna High Court CR. MISC. No.83944 of 2024(3) dt.27-01-2025 2/2 bail.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Court of Excise, Patna City, in connection with Gaurichak P.S. Case No. 88 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T