Raushan Singh @ Raushan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24086 of 2020 Arising Out of PS. Case No.-80 Year-2019 Thana- KALYANPUR District- East Champaran ====================================================== RAUSHAN SINGH @ RAUSHAN KUMAR SINGH Son of Bhim Sharma Singh @ Bhim Singh Resident of Village - Siswa Narsingh, P.S.- Kalyanpur, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video-conferencing. . The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 & 34 of the Indian Penal Code and Section 30 (a), 41 (1) of the Bihar Prohibition and Excise Act, 2016.

Acting on a tip-off, 3800 and 600 liters of raw spirit are said to have been recovered from a truck and a mini van by the police and some persons were apprehended. One of the apprehended accused disclosed the name of the petitioner as one of his accomplices.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.24086 of 2020(3) dt.05-10-2020 2/3 that no such occurrence as alleged ever took place. He has no concern with either with the seized vehicle or the raw spirit. No incriminating article has been recovered from the conscious physical possession of the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is violation of Section 100 (4) Cr.P.C. He has been falsely implicated in this case on the confessional statement of co-accused which has no evidentiary value in the eye of law. He has been languishing in custody since 13.03.2020.

Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge-II-cum-Special Judge Excise, East Champaran at Motihari in connection with Kalyanpur P.S. Case No. 80 of 2019.

The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.24086 of 2020(3) dt.05-10-2020 3/3 the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) in the Chief Minister's Relief Fund, Bihar.

(Anjani Kumar Sharan, J) Trivedi/- U T