Vivek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81695 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Vivek Singh S/o Bhikhari Singh Resident of village- Inai, PS- revilganj, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlesh Kumar For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases and allegation is of recovery of 51.840 litres of liquor from an agricultural field.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a field which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of the local person but then the name

Patna High Court CR. MISC. No.81695 of 2024(2) dt.06-12-2024 2/2 of the person who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution. It is next submitted that petitioner is in custody since 23.08.2024.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Revilganj P.S. Case No. 78 of 2024.

(Satyavrat Verma, J) Rishabh/- U T