Sideshwar Singh @ Sudeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45221 of 2018 Arising Out of PS.Case No. -88 Year- 2018 Thana -DERNI District- SARAN ====================================================== Sideshwar Singh @ Sudeshwar Singh, S/o. late Chandeshwar Singh, R/so. of Village- Pachlakh, P.S.- Parsa, District- Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kr Singh No.1 For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 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 30/30 (a) of the Bihar Prohibition and Excise Act, 2016.

3465.34 liters of foreign liquor is said to have been recovered from the Truck, four Pick-up Van and a motorcycle allegedly being unloaded in the vehicle in question by accused Surendra Ray and others. Surendra Rai was identified by the police in course of fleeing away while petitioner and other accused persons managed to escape.

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 either

Patna High Court Cr.Misc. No.45221 of 2018 (2) dt.25-07-2018 with the seized liquor or the vehicle in question or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. The identity and genuineness of the source of the information has not been mentioned in the self statement of the informant. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 24.06.2018.

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 A.D.J. 6th , Saran in connection with Derni P.S. Case No. 88 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T