Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62277 of 2018 Arising Out of PS. Case No.-222 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Harendra Singh, S/o Shiv Jee Singh, R/o Vill.- Sirsa Puran Tola, P.S.- Baikunthpur, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Ranjan For the Opposite Party/s :

Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Baikunthpur P.S. Case No. 222 of 2018 registered under Sections 420 and 379/34 of the Indian Penal Code and Sections 30(a) and 41(i)(ii) of the Bihar Excise Act, 2016. The accusation is that, on receiving secret information about unloading of illicit liquor from a vehicle at village Shankarpur, the informant along with other police officials reached there and found that a truck was in standing condition. On seeing the police party, some persons started to flee away but one was apprehended, who disclosed his name as Ramesh Singh. On search, 630 litres Indian made foreign liquor

Patna High Court Cr.Misc. No.62277 of 2018(2) dt.06-10-2018 2/2 was recovered and Ramesh Singh also disclosed the name of 10 persons including the petitioner indulging in unloading the liquors.

Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather his name has come in the confessional statement of co-accused, Ramesh Singh, who was apprehended near the truck, from which, the alleged Indian made foreign liquor is said to be recovered. It is further submitted that petitioner is accused in similar nature of one another case, but in which, he is on bail and in the present case, he is in custody since 30.08.2018.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj, in connection with Baikunthpur P.S. Case No. 222 of 2018. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T