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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56208 of 2017 Arising Out of PS. Case No.-148 Year-2017 Thana- SISWAN District- Siwan ====================================================== Upendra Kumar Singh @ Upendra Singh , son of Vishwanath Singh, resident of Village- Madhwapur , P.S.- Chainpur (Siswan), District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Prasad Singh For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-12-2017 Heard Sri Diwakar Prasad Singh, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is in custody since 10.10.2017 in Siswan P.S. Case No. 148 of 2017, registered for the offence under Section 272, 273, 308 of the Indian Penal Code, 1860 and section 30(A) , 38(1) of the Bihar Prohibition And Excise Act , 2016, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that petitioner has falsely been implicated in the present case on an accusation that one motorcycle was found outside the cow shed and recovery of about 81 liters of Indian make foreign liquor was shown. The petitioner was not named in the F.I.R., however, the petitioner has been made accused in view of the fact that motorcycle which was found outside the cow shed

Patna High Court Cr.Misc. No.56208 of 2017(2) dt.04-12-2017 2/2 was shown in the name of the petitioner. It has been argued that petitioner long back had already sold the said motorcycle but he has falsely been implicated in the present case. Learned counsel for the petitioner has also referred to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent.

Considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner Upendra Kumar Singh @ Upendra Singh be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II at Siwan / concerned court in connection with Siswan P.S. Case No. 148 of 2017 .

(Rakesh Kumar, J) praful/- U T