Vinod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9022 of 2019 Arising Out of PS. Case No.-62 Year-2018 Thana- MURAR District- Buxar ====================================================== VINOD KUMAR SINGH S/o Shiv Bachan Singh village-Kulhariya, P.SBuxar(M), District Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parijat Saurav For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 8.1.2019 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as per the self statement of SI Manoj Kumar, SHO, Murar Police Station dated 15.9.2018 is to the effect that on 14.9.2018 at 10.00 P.M., he received a secret information that a truck loaded with liquor is parked. Thereafter, raid was laid when liquor was being unloaded from the truck. From the truck in question, 3162 litres foreign liquor were recovered and nine motorcycles were also recovered from where 152 litres liquor were recovered. The petitioner was fount to

Patna High Court Cr.Misc. No.9022 of 2019(2) dt.15-02-2019 2/3 be the owner of the truck in question.

It is submitted by learned counsel for the petitioner that the petitioner was not present at the place of seizure. It is further submitted that co-accused Upendra Kumar has been granted bail vide order dated 27.10.2018 passed in Cr. Misc. No.69072 of 2018, co-accused Sandeep Kumar Singh has been granted bail vide order dated 4.10.2018 passed in Cr. Misc. No.66558 of 2018 and the offence under the Excise Act are not the quantity based offence, hence the case of the petitioner cannot be distinguished.

Learned APP submits that the recovery has been made from the truck of the ptitioner.

Considering the fact that the petitioner was not found present on the place of seizure, statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period under custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -II-cum-Special Judge, Excise Act, Buxar in

Patna High Court Cr.Misc. No.9022 of 2019(2) dt.15-02-2019 3/3 connection with Murar P.S. Case No.62 of 2018. (Dinesh Kumar Singh, J) anil/- U