Patna High CourtCR. MISC./23088/2023allowed

Bindu Singh @ Fauji v. The State Of Bihar

2023-07-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23088 of 2023 Arising Out of PS. Case No.-387 Year-2021 Thana- ROSERA District- Samastipur ====================================================== Bindu Singh @ Fauji Son Of Basti Ram @ Attar Singh Resident Of VillageDinod, Ps- Bhiwani @ Sadar Bhiwani , Distt- Bhiwani (HARIYANA) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273, 34 of the IPC and Section 30(a) Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total 1746.690 liters illegal liquor from three vehicles. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused person, which has not got evidentiary value in the eye of law. Neither the

Patna High Court CR. MISC. No.23088 of 2023(3) dt.18-07-2023 2/2 petitioner was apprehended on the spot nor vehicles in question belong to him. It is further submitted that nothing incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 04.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rosera P.S. Case No. 387 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Court-I, Samastipur.

(Sunil Kumar Panwar, J) Manishkumar/- U T