Patna High CourtCR. MISC./2535/2018bail granted

Bipin Kumar Singh v. The State Of Bihar

2018-01-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2535 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Bipin Kumar Singh S/o Nokhelal Singh, R/o Village- Chak Said, P.S.- Patepur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Rina Sinha, Adv. For the Opposite Party/s : Smt. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Patepur P.S. Case No. 90 of 2017 registered under Section 30 (a), 32 (2) & 41 of the Bihar Prohibition and Excise Act, 2016.

1015.425 liters of foreign liquor is said to have been recovered from the Bolero vehicle while driver and owner of the vehicle managed to escape and three other persons who were standing near the vehicle fled away.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner does not happen to be owner or driver of the vehicle. His name has been

Patna High Court Cr.Misc. No.2535 of 2018 (02) dt.23-01-2018 - 2 - given in this case by co-villager having grudge with the petitioner. He has no criminal antecedent. The petitioner has been languishing in custody since 14.11.2017. . In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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, Vaishali at Hajipur in connection with Patepur P.S. Case No.90 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T