Birendra Singh @ Virendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34730 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Birendra Singh @ Virendra Singh, Son of Ramswarup Singh, Resident of Village- Tinkoni, P.S.- Darpa, Dist.- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar Dubey For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

15 liters Nepali Saufi wine is said to have been recovered from the house of the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. The house of the petitioner is inhabited by

Patna High Court Cr.Misc. No.34730 of 2018 (02) dt.21-06-2018 - 2 - his several family members and he had no knowledge of keeping the said liquor in the house. He has been falsely implicated in this case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 22.04.2018. 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 4th-cum-Special Judge Excise, Motihari, East Champaran in connection with Darpa P.S. Case No. 34 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/Sanjeev U T