Satyabhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80649 of 2024 Arising Out of PS. Case No.-301 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== 1.

Satyabhan Singh Son of Late Shiv Bilash singh Resident of village- Anant ram , P.S- Ajit Mal, District-Auraya, Uttar Pradesh 2.

Raghvendra Pradap Singh@ Raghvendra Pratap Singh Son of Ram Milan Resident Village- Kulhupur, Chanduli, P.S- Kotwali, District- Auraya, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Buxar Excise PS Case No. 301 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 31.500 litres of foreign liquor was recovered from Tata Truck. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 2 is the driver and petitioner no. 1

Patna High Court CR. MISC. No.80649 of 2024(2) dt.20-11-2024 2/2 is the co-driver of the vehicle in question and they have no knowledge regarding the nature of goods laden in the vehicle. The petitioners are in custody since 23.09.2024 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar Excise PS Case No. 301 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T