Arun Singh @ Anirudh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43773 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -AWTARNAGAR District- SARAN ====================================================== Arun Singh @ Anirudh Singh S/o Late Bashistha Singh, R/o Vill.- 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. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 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 188, 272, 273/34, 120B and 420 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

592 cartons of foreign liquor is said to have been recovered from a truck and its driver and khalasi were apprehended. Said driver disclosed the name of the petitioner as one of the purchasers of the said liquor.

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

Patna High Court Cr.Misc. No.43773 of 2018 (3) dt.26-07-2018 2/2 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 driver of the said vehicle due to animosity. Barring the aforesaid disclosure, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. Though twelve cases are pending against the petitioner, but petitioner is not named in the three of the aforesaid cases while he has been enlarged on bail in rest nine cases. He has been languishing in custody since 19.06.2018. Driver and Khalasi of the said vehicle namely Gurvindra Singh and Sunder Singh respectively have been enlarged on bail by this court vide order dated 21.06.2018 passed in Cr. Misc. No. 25668 of 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 6th A.D.J., Saran in connection with Awtarnagar P.S. Case No. 24 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T