Bhulan Singh @ Braj Kishore Singh @ Braj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60136 of 2021 Arising Out of PS. Case No.-458 Year-2020 Thana- GARKHA District- Saran ====================================================== BHULAN SINGH @ BRAJ KISHORE SINGH @ BRAJ KUMAR SINGH S/o- Chandradeo Singh R/o Village- Mishrawaliya, P.S.- Jalalpur, DistrictSaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a raid being conducted, 3562.5 litres of liquor was recovered from the vehicle in question and the driver was taken into custody. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. His name transpired in course of investigation. Referring to the order of the learned trial Court it is submitted that the same

Patna High Court CR. MISC. No.60136 of 2021(2) dt.24-01-2022 2/2 clearly mentions that the name of the petitioner transpired in the confessional statement of coaccused Subodh Kumar and Kanhaiya Kumar in paragraph nos. 73 and 74 of the case diary. The petitioner has no concern either with the vehicle in question or with the liquor seized. His false implication is because of his antecedent. He is in custody since 20.7.2021 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner not being named in the F.I.R. and his name transpiring in course of investigation in the statement of a coaccused, the Court directs the petitioner to be enlarged on bail in connection with Garkha P.S. Case no. 458 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Saran. (Partha Sarthy, J) Bibhash U T