Virendra Kumar Singh @ Birendra Kr. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42555 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -JIRADEI District- SIWAN ======================================================
1. Virendra Kumar Singh @ Birendra Kr. Singh Son of Nathuni Singh @ Nathuni Prasad Singh, resident of Village- Satwar, Balua Tola, Police Station- G.B. Nagar, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-07-2018 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 &308 of the Indian Penal Code and Sections 30 & 38 of the Bihar Prohibition and Excise Act, 2016.
207.360 liters of foreign liquor is said to have been recovered from the Mahendra Xylo car and the petitioner, who happens to be driver of the said car, was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the
Patna High Court Cr.Misc. No.42555 of 2018 (3) dt.23-07-2018 seized liquor. The petitioner happens to be driver of the vehicle in question and he had no knowledge of keeping of the said liquor in the cartoon in the vehicle by its commuter who managed to escape seeing the police party. He has been falsely implicated in the case. He has no criminal antecedent and has been languishing in custody since 28.05.2018 In the facts and circumstances of the case, 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 Additional Sessions Judge-cum-Special Judge Excise, Siwan in connection with Jiradei P.S. Case No. 37 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T