Jogindra Singh @ Joginder Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78610 of 2023 Arising Out of PS. Case No.-1568 Year-2023 Thana- Excise P.S. District- Muzaffarpur ====================================================== Jogindra Singh @ Joginder Singh Son Of Sardar Pramjit Singh R/O VillageLudhiana, P.S.- Dhabha, District- Ludhiana (Punjab) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhash For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Muzaffarpur Excise P.S. Case No. 1568 of 2023 registered for the offence punishable under sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, on getting information about trade of illicit liquor, police party proceeded towards place of occurrence and entered into the alleged premises and found six vehicles standing there over which total 4601.520 liters of illicit IMFL were loaded. Seven accused persons including the petitioner were apprehended inside the said premises.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.78610 of 2023(3) dt.24-01-2024 2/3 committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the premises in question. On instruction of owner, without knowing the consignment loaded on the truck, he was simply engaged as driver of the alleged truck. Seizure list has not been prepared in accordance with the provisions u/s 100(4) of the Cr.P.C. Petitioner is languishing in judicial custody since 4.8.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Petitioner is directed to deposit Rs. 15,000/- (Rs. Fifteen thousand) in the concerned DLSA.

7. 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 Special Judge (Excise)-II, Muzaffarpur in connection with Muzzafarpur Excise P.S. Case No. 1568 of 2023.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 15,000/- (fifteen thousand only) by the petitioner in the

Patna High Court CR. MISC. No.78610 of 2023(3) dt.24-01-2024 3/3 account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U