Vivek Ranjan @ Dablu Singh @ Kallu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51049 of 2016 Arising Out of PS.Case No. -167 Year- 2016 Thana -EKMA District- SARAN ====================================================== Vivek Ranjan @ Dablu Singh @ Kallu Singh, Son of Sri Narendra Singh, resident of Villagle- Senduar, Dayalpur, Police Station- Janta Bazar, District- Saran (Chhapra).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 07.10.2016 in connection with Emma (Akma) P.S. Case No. 167/16, G.R. No. 6438/16 for offences punishable under Sections 120-B/34 of the Indian Penal Code and under Sections 30, 38, 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police, is that a truck containing huge consignment of foreign liquor was caught and the petitioner was found to be unloading the containers from the said truck. A motorcycle was also seized. It has been submitted by the learned counsel for the petitioner that he is just a labourer and was unloading the consignment of the truck in question without knowledge as to

Patna High Court Cr.Misc. No.51049 of 2016 (2) dt.28-11-2016 2/2 what was inside. He submits that the petitioner has no criminal history and the motorcycle belongs to one Chandrama Prasad and he is not connected in any way with the said Chandrama Prasad. It is further submitted that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances and the period of custody, let petitioner, above named, 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Ekma (Akma) P.S. Case No. 167/16, G.R. No. 6438/16. (Nilu Agrawal, J.) Rajesh/- U T