Bickey Singh @ Bucky Singh @ Vicky Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16798 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- RANIYATALAB District- Patna ====================================================== 1.

BICKEY SINGH @ BUCKY SINGH @ VICKY SINGH SON OF NACHHTER SINGH R/O-NAUOR, P.S.-PALATA BEPAI, DISTT.- BATHINDA, PUNJAB 2.

DHARMENDRA SINGH @ DHARMINDER SINGH SON OF MITHU SINGH R/O-BANDAR JAY, P.S.-KOKATPURA, DISTT.-FARIDKOT, PUNJAB ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aniket Singh For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Rania Talab P.S. Case No. 330 of 2023 instituted for the offences punishable under Sections 420, 120B/34 of the Indian Penal Code and 30(a), 32(ii)(iii) and 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 4798

Patna High Court CR. MISC. No.16798 of 2024(2) dt.13-03-2024 2/3 litres of liquor was recovered from truck.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners are not the owner of the vehicle. It is further submitted that petitioner no.1 is only the driver of the vehicle in question whereas petitioner no.2 is the co-driver and both the petitioners have got no concern with the loaded articles/liquor. Charge-sheet has been submitted in this case. The petitioners are in custody since 30.09.2023. Petitioner no.1 has one criminal antecedent whereas petitioner no.2 has clean antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rania Talab P.S.

Patna High Court CR. MISC. No.16798 of 2024(2) dt.13-03-2024 3/3 Case No. 330 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T