Patna High CourtCR. MISC./2004/2018bail granted

Jai Ram Singh v. The State Of Bihar

2018-01-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2004 of 2018 Arising Out of PS.Case No. -178 Year- 2017 Thana -RAFIGANJ District- AURANGABAD ====================================================== Jai Ram Singh, S/o Sudarshan Singh @ Bhai Jee, Resident of Vill- Gothani, P.S.- Rafiganj, Distt- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Suresh Mishra, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Rafiganj P.S. Case No. 178 of 2017 registered under Sections 30(A), 38(1) and 38 (2) of the Bihar Prohibition and Excise Act, 2016.

606.4 litres of country made liquor is said to have been recovered from the Bolero Pick Up Van and the petitioner and two other accused persons Povind Singh and Ashok Singh are said to have managed to escape alighting from the said vehicle as per the information of the Chaukidar.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. The petitioner neither happens

Patna High Court Cr.Misc. No.2004 of 2018 (2) dt.23-01-2018 2/2 to be the driver nor the owner of the said vehicle. He has no concern with the seized liquor. He has been falsely implicated in the case by the Chaukidar due to grudge and animosity. Similarly situated co-accused, namely, Povind Singh and Ashok Singh have been enlarged on bail by a co-ordinate bench of this court vide order dated 09.01.2018 and 11.01.2018 passed in Cr. Misc. Nos. 714 of 2018 and 2200 of 2018 respectively. The petitioner has been languishing in custody since 03.12.2017. 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 Additional Sessions Judge, VII-Cum-Special Judge (Excise), Aurangabad in connection with Rafiganj P.S. Case No. 178 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T