Patna High CourtCR. MISC./35936/2018bail granted

Arun Singh @ Anirudh Singh v. The State Of Bihar

2018-06-29Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35936 of 2018 Arising Out of PS.Case No. -147 Year- 2017 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Arun Singh @ Anirudh Singh, S/o Late Bashistha Singh, Resident of Village- Piprahia, P.S.- Bhagwanpur Hat, District- Siwan. .... .... 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. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

1397 litres of foreign liquor is said to have been recovered from a car and driver and khalasi of the said car namely Rahees and Kishan respectively were apprehended who disclosed the name of the petitioner and one other accused as owner of the said liquor.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.35936 of 2018 (2) dt.29-06-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has been falsely implicated in the case by the apprehended accused persons. Barring the aforesaid disclosure, there is no other material in the record indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. He has been languishing in custody since 19.04.2018.

Considering the facts aforesaid, 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 Addl. Sessions Judge-II cum Special Judge, Excise, Siwan in connection with Bhagwanpur Hat P.S. Case No. 147 of 2017.

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