Bindu Singh @ Fauji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32224 of 2023 Arising Out of PS. Case No.-287 Year-2020 Thana- WARISNAGAR District- Samastipur ====================================================== BINDU SINGH @ FAUJI, son of Basti Ram @ Attar Singh, Village- Dinod PS- Bhiwani @ Sadar Bhiwani Dist- Bhiwani Hariyana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akhileshwar Dayal, 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 Warisnagar P.S. Case No. 287 of 2020 dated 21.12.2022 registered for the offences punishable u/ss 41(1), 36 and 30(a) of the Bihar Prohibition and Excise Act and u/ss 468, 467, 120B and 471 of the Indian Penal Code. As per the prosecution case, 3104.25 liters of illicit foreign liquor is said to have been recovered from the truck. Two persons were apprehended from the said truck. The driver disclosed his name as Birendra Kumar and another person disclosed his name Manjay Kumar.

Patna High Court CR. MISC. No.32224 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the name of the petitioner has transpired in this case in the confessional statement of the co-accused, Somveer. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.03.2023.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Samastipur in connection with Warisnagar P.S. Case No. 287 of 2020. The application stands allowed.

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