Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30275 of 2018 Arising Out of PS.Case No. -61 Year- 2018 Thana -AMNAUR District- SARAN ======================================================

1. Anil Singh, Son of Late Sakaldeo Singh, Resident of Village- Gangoi, P.S.- Ishuapur, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 188, 308, 467, 468, 471, 272 & 273 of the Indian Penal Code and Sections 30 (a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

600 liters of spirit is said to have been recovered from the Tata Magic vehicle and the petitioner sitting in the said vehicle was apprehended while the driver of the vehicle managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either

Patna High Court Cr.Misc. No.30275 of 2018 (04) dt.30-07-2018 with the seized liquor or the vehicle in question. He happens to be a simple commuter and had taken lift from its driver and he had no knowledge of keeping of the said liquor in the vehicle while the driver of the vehicle managed to escape seeing the police party leaving the aforesaid liquor laden vehicle. He has been falsely implicated in this case. Though on the basis of confessional statement of co-accused, which has no evidentiary value in the eye of law. Six more cases have been lodged against the petitioner but he is on anticipatory bail in aforesaid five cases and on regular bail in one case. He has been languishing in custody since 16.04.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 6thAdditional District and Sessions Judge, Saran at Chapra in connection with Amnour P.S. Case No.61 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T