Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11806 of 2017 Arising Out of PS.Case No. -211 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Arbind Kumar, Son of Shri Siya Shankar Rai, Resident of Village- Ram Bhadar Hajipur, P.S.- Town Hajipur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-03-2017 Heard both sides.

The petitioner seeks bail in connection with Pipra Kothi P.S. Case No. 211 of 2016 registered for the offence punishable under Sections 272, 273, 414, 467, 468, 471, 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition Excise Act, 2016.

The police, on a tip off, intercepted a truck and apprehended its driver who disclosed the name of this petitioner and few others and stated that they are indulged in transporting the liquor. On search, the police seized huge quantity of Foreign Liquor.

The learned counsel for the petitioner submits that on the basis of confessional statement of the truck driver namely,

Patna High Court Cr.Misc. No.11806 of 2017 (2) dt.29-03-2017 2/2 Gobind Singh, his name has surfaced. The petitioner has no concern with the alleged liquor. He further submits that similarly situated co-accused person has been allowed bail by a co-ordinate Bench of this Court vide order dated 24.03.2017 passed in Cr. Misc. No. 12517 of 2017. The case of this petitioner is identical footing and so he deserves bail. The petitioner is in custody since 27.12.2016 having no criminal antecedent.

Learned APP, on the other hand, opposed the prayer. Considering the nature of allegation as also the fact that similarly situated co-accused person enjoying the privilege of bail, his prayer of bail is allowed. The above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra Kothi P.S. Case No. 211 of 2016.

(Sanjay Kumar, J) rohit/- U T