Arbind Singh @ Arvind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23169 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Arbind Singh @ Arvind Singh, son of Late Ram Awadhesh Singh, VillageSorathi P.S.- Dinara District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Mohania P.S. Case No. 151 of 2023 dated 03.03.2023 registered for the offences punishable under Sections 30 (a) , 47 of Bihar Prohibition and Excise Act and Section 414 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 267.84 litres of foreign liquor and the same is stated to have been recovered from a tractor's trolley and petitioner is stated to be driver of the said vehicle but in actual the petitioner is not driver of the said vehicle and he was simply present in the alleged vehicle as a passenger and the actual

Patna High Court CR. MISC. No.23169 of 2023(2) dt.12-05-2023 2/2 driver managed to escape on seeing the police party and he had no knowledge about alleged liquor and the petitioner has fair and clean antecedent and has been languishing in jail since 04.03.2023 and against him the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and completion of investigation against the petitioner, his custody period and also the facts that he was not apprehended at the spot of recovery and he is not stated to be the owner or driver of the alleged vehicle from which the alleged liquor was recovered, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Mohania P.S. Case No. 151 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T