Jarman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31369 of 2023 Arising Out of PS. Case No.-42 Year-2019 Thana- KOTWA District- East Champaran ====================================================== Jarman Singh Son Of Chud Singh @ Chuhar Singh Resident Of VillageWard Bi, 6 Safidon, Ps- Safidon, Distt- Jind (HARYANA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Tiwary, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Kotwa P.S. Case No. 42 of 2019 dated 13.03.2019 registered for the offences punishable u/s 30(a), 35 and 38 of the Bihar Prohibition and Excise Act. As per the prosecution case, total 3781.56 litres of illicit liquor was recovered from the truck.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.31369 of 2023(2) dt.22-05-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the owner of the said truck and the petitioner was not arrested at the place of occurrence. The petitioner has no idea of any liquor being transported through the truck. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Kotwa P.S. Case No. 42 of 2019.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T