Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82435 of 2023 Arising Out of PS. Case No.-3 Year-2019 Thana- JOGBANI District- Araria ====================================================== KANHAIYA SINGH SON OF LATE ASHOK SINGH R/O VILLAGEBADHUA, P.S.- JOGBANI, DIST.- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) & 38(i) of the Bihar Prohibition and Excise Act and section 420 of the IPC.

3. Prosecution case relates to recovery of total 108 liters of illicit Nepali liquor and a motorcycle bearing Registration no. BR38H-2956.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor. So far as

Patna High Court CR. MISC. No.82435 of 2023(2) dt.20-12-2023 2/2 seized motorcycle is concerned, the same was earlier sold to one Jai Kishore Paswan on 18.12.2023 in support of this AnnexureP/2 has been annexed with the petition. No any incriminating article has been recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 15.10.2023.

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

6. 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 released on bail in connection with Jagbani P.S. Case No. 03 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Araria.

(Sunil Kumar Panwar, J) Amandeep/- U T