Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44196 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- SAKRI District- Madhubani ====================================================== Arun Kumar Singh Son of Rohitash Singh Resident of village - Bharsoli, Mustafabad, P.s. - Kasganj, Distt. - Kasganj (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Sakri P.S. Case No. 90 of 2023 registered for the offence punishable under sections 272, 273, 420, 467, 468, 471 of the Indian Penal Code and sections 30(a), 36, 38(i), 41(i) of Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 2637 litres of IMFL from a truck container. Petitioner was arrested on spot. He disclosed that the said consignment was given to him by co-accused Shobir.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.44196 of 2023(3) dt.12-09-2023 2/3 committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. Because he was driver of the alleged truck and was arrested on spot, he has been implicated in the present case. Petitioner is a man of clean antecedent. Petitioner is languishing in judicial custody since 14.5.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 10000/- (Rs. ten thousand) in the concerned DLSA.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd cum-Special Judge, Excise Act, Madhubani in connection with Sakri P.S. Case No. 90 of 2023.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of

Patna High Court CR. MISC. No.44196 of 2023(3) dt.12-09-2023 3/3 Rs. 10,000/- (ten thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U