Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24326 of 2018 Arising Out of PS.Case No. -145 Year- 2017 Thana -GOPALPUR District- GOPALGANJ ====================================================== Vijay Singh S/o Yogal Singh, R/o Ahiyarpur , P.S.- Gopalpur, Distt.- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 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 272, 273 and 414 of the Indian Penal Code and Sections 30(a), (b) and (c) of the Bihar Prohibition and Excise Act, 2016.

207 litres of country made liquor is said to have been recovered from the car and its driver namely Vikash Rai was apprehended. The said Vikash Rai in his confessional statement disclosed the name of the petitioner to whom the said liquor was to be delivered.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.24326 of 2018 (2) dt.30-04-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has been falsely implicated in the case by said Vikash Rai due to animosity. There is nothing in the record indicating the complicity of the petitioner barring the confessional statement of Vikash Rai. Though one more case under Excise Act has been lodged against the petitioner, but he has been enlarged on bail in the aforesaid case by learned lower court. He has been languishing in custody since 26.02.2018. Said Vikash Kumar Rai @ Vikash Rai has been enlarged on bail by a co-ordinate bench of this court vide order dated 17.01.2018 passed in Cr. Misc. No. 62811 of 2017. Considering the facts aforesaid, 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 2nd Addl. Sessions Judge, Gopalganj in connection with Gopalpur P.S. Case No. 145 of 2017.

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