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Patna High CourtCR. MISC./82160/2023allowed

Ankit Kumar Singh @ Ankit Kumar v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82160 of 2023 Arising Out of PS. Case No.-1445 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Ankit Kumar Singh @ Ankit Kumar Son Of Shri Ram Upkar Singh @ Ram Upkar Singh R/O Village- Madatpur, P.S.- N.T.P.C. (BARH), District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Kumar Sinha For the Opposite Party/s :

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

The petitioner has filed the instant application for grant of regular bail in connection with Barh(Excise) P.S. Case No. 1445 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 40 liters of country made liquor from a motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted

Patna High Court CR. MISC. No.82160 of 2023(2) dt.20-12-2023 2/3 that nothing incriminating has been recovered from the conscious possession of the petitioner and he has no concern with the seized illicit liquor. There is no independent witness of the seizure list rather they are police personnel. Moreover, he is languishing in judicial custody since 17.10.2023. The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested by the police.

The petitioner is directed to deposit a sum of Rs. 5,000/- (Rs. Five Thousand) in the District Legal Services Authority of the concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barh (Excise) P.S. Case No. 1445 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Barh.

The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of

Patna High Court CR. MISC. No.82160 of 2023(2) dt.20-12-2023 3/3 deposit of Rs. 5,000/- (Rs. Five Thousand) by the petitioner in the account of concerned DLSA.

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