Arun Singh @ Anirudh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42247 of 2018 ====================================================== 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. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2018 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 and 420 of the Indian Penal Code and Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016.

1719 litres of foreign liquor is said to have been recovered from a truck and its driver and khalasi were apprehended. Driver of the said truck disclosed the name of Jit Nagar as the person loaded the said liquor in the truck and said Jit Nagar divulged the name of the petitioner as his partner in his confessional statement.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.42247 of 2018 (2) dt.13-07-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question or with any trade of liquor. He has been falsely implicated in the case by the said Jit Nagar due to animosity. Barring the aforesaid confessional statement of Jit Nagar, there is nothing in the record indicating the complicity of the petitioner in the occurrence. Petitioner was not apprehended on the spot. Aforesaid Jit Nagar has been enlarged on bail by learned lower court. He has been languishing in custody since 08.06.2018.

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 2nd Addl. Sessions Judge-II, Gopalganj in connection with Kuchaikot P.S. Case No. 264 of 2017.

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