Bhism Narayan Singh @ Pappu Choudhary @ Pappu Chouhan @ Kamakhya Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13058 of 2023 Arising Out of PS. Case No.-211 Year-2019 Thana- TILAUTHU District- Rohtas ====================================================== Bhism Narayan Singh @ Pappu Choudhary @ Pappu Chouhan @ Kamakhya Narayan Singh S/O Rajendra Choudhary @ Rajendra Chouhan R/O VillageWazirganj, P.S.- Sasaram (Muffasil), Distt- Rohtas At Sasaram. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 10,800 litres of I.M.F.L. from a container Truck bearing Reg. No. PB-05AB-3015.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.13058 of 2023(2) dt.09-05-2023 2/3 has committed no offence. He has no concern with the alleged recovery, truck in question or with the place of occurrence. The name of the petitioner has been disclosed in this case by the co-accused, namely, Rinku Singh @ Baljit Singh, before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. There is no independent witness of the alleged seizure. He is languishing in judicial custody since 13.01.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each

Patna High Court CR. MISC. No.13058 of 2023(2) dt.09-05-2023 3/3 to the satisfaction of the learned Exclusive Special Court No. 2-cum-Additional District and Sessions Judge, Rohtas, Sasaram in connection with Tilauthu P.S. Case No. 211 of 2019.

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