Jawahar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82885 of 2023 Arising Out of PS. Case No.-227 Year-2023 Thana- AMBA District- Aurangabad ====================================================== 1.
Jawahar Singh Son Of Late Raghunath Singh R/O Village- Ram Nagra, P.S.- Riga, District- Sitamarhi 2.
Mahesh Singh Son Of Late Kishori Singh R/O Village- Ram Nagra, P.S.- Riga, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Adv.
For the Opposite Party/s :
Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of total 152.115 liters of illegal foreign liquor from a Car.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners were apprehended on spot. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered
Patna High Court CR. MISC. No.82885 of 2023(2) dt.02-01-2024 2/2 from the conscious possession of the petitioners. They are languishing in judicial custody since 13.10.2023.
5. The application for bail is opposed by learned APP for the State.
6. The petitioners are directed to deposit Rs. 5,000/- (Five thousand) each in the account of concerned DLSA.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. I, Aurangabad/Court concerned in connection with Amba P.S. Case No. 227 of 2023.
8. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/- (Five thousand) each by the petitioners in the account of concerned DLSA.
(Sunil Kumar Panwar, J) Arish/- U T