Pulindra Singh @ Pulendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4663 of 2018 Arising Out of PS.Case No. -182 Year- 2017 Thana -KAHAIYA District- MUZAFFARPUR ======================================================

1. Pulindra Singh @ Pulendra Singh, Son of Late Fudena Singh, Resident of Village+P.S.- Kathaiya, District- Muzaffarpur, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Chandra For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Kathaiya P.S. Case No. 182/2017 dated 15.11.2017 instituted for the offences under Sections 414, 272, 273 of the Indian Penal Code and Sections 30(a) and 38(ii) of the Bihar Prohibition and Excise Act, 2016.

While on patrolling duty, a motorcycle with four persons were spotted. On search from one of the persons who was on the motorcycle, two bottles of liquor were found. Four persons were arrested on the spot, viz. Vibhuti Kumar, Pankaj Kumar, Raj Paswan and Dipak Paswan. On further enquiry, they told the police party that the petitioner has been employed as a courier for delivering the liquor bottles.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.4663 of 2018 (2) dt.02-02-2018 2/2 the name of the petitioner has transpired only on the confession of the accused persons, who were arrested on the spot by the patrolling party and were found to be in possession of liquor. But for the aforesaid statement of the accused persons, there is no other material to connect the petitioner with the offences charged. Earlier, the petitioner was made accused in two other cases and in both the cases, he is on bail.

Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge-cum-Special Judge, Excise, Muzaffarpur. in connection with Kathaiya P.S. Case No. 182/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T