Vivek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40165 of 2020 Arising Out of PS. Case No.-186 Year-2019 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

VIVEK SINGH, Son of Jokhu Singh Resident of Village- Pipariya, P.S.- Chand, District- Kaimur at Bhabua.

2.

Punit Kumar Singh @ Punit Singh, Son of Sivparasan Singh Resident of Village- Pipariya, P.S.- Chand, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-06-2021 Mr. Rajani Kant Pandey, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 2 who has been arrested. The application with respect to petitioner no. 2 is dismissed as having become infructuous.

Heard Mr. Rajani Kant Pandey, learned counsel for the petitioners and Mr. Parmanand Kumar, learned APP for the State.

The petitioner no. 1 seeks bail in anticipation of his arrest in connection with Chand P. S. Case No. 186 of 2019, instituted for the offence under Section 30 (A)

Patna High Court CR. MISC. No.40165 of 2020(2) dt.10-06-2021 2/3 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

It has been submitted on behalf of petitioner no. 1 that he has not been named in the F.I.R. and his implication in the present case is only on the basis of the confession of the arrested accused persons.

Needless to say, it has been urged, that nothing has been recovered from the possession of the petitioner no. 1.

The petitioner no. 1 does not have criminal antecedents.

Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-V cum Special Judge

Patna High Court CR. MISC. No.40165 of 2020(2) dt.10-06-2021 3/3 (Excise), Kaimur at Bhabhua, in connection with Chand P. S. Case No. 186 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T