Vidya Bhusan Singh @ Munchun Singh @ Vidya Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2130 of 2019 Arising Out of PS. Case No.-144 Year-2018 Thana- NAWADA MUFFASIL District- Nawada ====================================================== VIDYA BHUSAN SINGH @ MUNCHUN SINGH @ VIDYA BHUSHAN son of Late Vijay Singh Resident of Village-Pathara English, P.S. Mufassil, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Sangeeta Sharma, APP- 58 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner who is languishing in judicial custody since 15.10.2018 seeks bail in connection with Mufassil P.S.Case No.144 of 2018 for the offence alleged under Section 414 of the Indian Penal Code and Section 30(a) and (d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the informant police personnel is that on secret information that illicit liquor is being carried in a Tata Indigo, the police intercepted the vehicle. Though the driver tried to flee away but was apprehended and he disclosed his name as Sanjay Chaudhary. He stated that he had purchased the Tata Indigo vehicle from the

Patna High Court Cr.Misc. No.2130 of 2019(2) dt.16-01-2019 2/3 petitioner and from the vehicle 476 litres of foreign liquor was recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case. He further submits that nothing has been recovered from his conscious possession. He was not present in the car and the allegation of selling the vehicle to the co-accused is false statement. He further submits that he has no connection with the illicit liquor or the vehicle, which is not registered in his name and chargesheet has already been submitted. He further submits that the co-accused, from whose vehicle huge quantity of illicit liquor was recovered, has already been granted the privilege of bail by coordinate Bench of this Court in Cr.Misc.No.71305 of 2018 dated 04.12.2018.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is involved in two more cases, one of similar nature.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Muffasil P.S.Case No.144 of 2018 to the

Patna High Court Cr.Misc. No.2130 of 2019(2) dt.16-01-2019 3/3 satisfaction of ADJ-II-cum-Special Judge, Nawada, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) B.Kr./- U