Pramod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35146 of 2018 Arising Out of PS. Case No.-629 Year-2017 Thana- BARBIGHA District- Sheikhpura ====================================================== Pramod Singh, Son of Mauleshwari Singh, Resident of Mohalla- Hsatiya More Barbigha, Police Station- Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barbigha P.S. Case No. 629 of 2017 registered Section 30(a) of Bihar Prohibition and Excise Act-2016.

4028 lts. of foreign liquor is said to have been recovered from a truck parked in the khalian of one Uday Singh. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the truck in question or with the seized liquor. Petitioner is resident of Barbigha Hatiya More and is working in a private company. He has been falsely implicated in

Patna High Court Cr.Misc. No.35146 of 2018(2) dt.28-06-2018 2/2 this case by the police merely on suspicion. He was not apprehended on the spot. The name of the petitioner has surfaced in this case merely on the basis of secret information and identity and genuineness of source of information has not been mentioned in the self statement of the informant. He has no criminal antecedent. He has been languishing in custody since 04.06.2018. Similarly situated co-accused, namely, Piyush Kumar has been enlarged on bail by a co-ordinate Bench of this Court, vide order dated 14.03.2018 passed in Cr. Misc. no. 14488 of 2018 while co-accused, Mithu Sardar, Chunni Sao and Fudan Kumar have been enlarged on anticipatory bail by a coordinate Bench of this Court vide order dated 27.03.2018 passed in Cr. Misc. no. 17171 of 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 1st Additional District and Sessions Judge, Sheikhpura in connection with Barbigha P.S. Case No. 629 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T