Abhishek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.198 of 2025 Arising Out of PS. Case No.-255 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Abhishek Singh S/o Late Ajay Singh R/o Village- Madar(Madankhas), P.SVijaipur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Vijayipur PS Case No. 255 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 80 litres country made liquor was recovered from two gunny bags. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one

Patna High Court CR. MISC. No.198 of 2025(2) dt.09-01-2025 2/2 and all. The petitioner is in custody since 03.11.2024 and has got three criminal antecedents on which he is on bail. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 12-11-2024, passed in Cr. Misc. No. 79044 of 2024.

5.

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

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vijayipur PS Case No. 255 of 2023.

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