Patna High CourtCR. MISC./8287/2018bail granted

Birendar Kumar @ Birendra Kumar Singh v. The State Of Bihar

2018-02-15Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8287 of 2018 ======================================================

1. Birendar Kumar @ Birendra Kumar Singh, Son of Ram Singh, Presently Residing at- Dhelwa, Bus Stand, P.S.- Ram Krishna Nagar, District- Patna, Permanent Address Village- Parsurampur Dhelwan, P.S.- Sheikhpura, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagjit Roshan For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-02-2018 As prayed for, learned counsel for the petitioner is permitted to make correction in para-22 of the bail petition as date of custody has been wrongly typed as 09.09.2017 in place of 10.10.2017, during course of day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Didarganj P.S. Case No. 164 of 2017, Special Case No. 6868 of 2017 registered under Sections 30(a), 36 of Bihar Excise Amendment Act -2016.

90 liters of foreign made liquor is said to have been recovered from Indigo Car and petitioner was apprehended.

Patna High Court Cr.Misc. No.8287 of 2018 (2) dt.15-02-2018 2/2 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. The petitioner has no concern either with the aforesaid car or with the seized liquor. He was sitting in the car after taking lift and the owner of the car has been allowed bail by co-ordinate Bench of this Court in Cri. Misc. No. 62308 of 2017. Petitioner has no criminal antecedent. He has been languishing in custody since 10.10.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Didarganj P.S. Case No. 164 of 2017, Special Case No. 6868 of 2017.

(Prakash Chandra Jaiswal, J) sushma/- U T