Arvind Kumar Singh @ Arvind Kumar Mahto v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18716 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Arvind Kumar Singh @ Arvind Kumar Mahto, son of Late Hari Narayan Singh, resident of Village- Takiya (Badhaiyabag), Ward No.01, Police Station- Sasaram (Model), District- Rohtas.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Dev Narayan Paswan, the Police Inspector (Economic Offence Unit), Bihar, Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Sada Nand Roy, Advocate For the Opposite Parties : Mr. Sri Ram Sumiran Roy (APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-05-2017 Supplementary affidavit has been filed on behalf of the petitioner and counter affidavit has been filed on behalf of the opposite party no.2. Let it be kept on record.
Heard learned counsel for the petitioner and learned counsel for the Economic Offence Unit.
The petitioner seeks bail in connection with Sasaram (Model) P.S Case No. 112 of 2017 registered for the offence punishable under Section 420 of the Indian Penal Code and Sections 30(A), 38 and 41 of the Bihar Excise Act, 2016.
Allegedly, one truck was caught loaded with huge quantity of liquor and driver Balvir Singh , assistant driver Kuldip Singh and Satyendra Singh were apprehended from the truck and Satyendra Sing told the informant that the petitioner who was in custody has directed to give the liquor to his man.
Patna High Court Cr.Misc. No.18716 of 2017 (3) dt.12-05-2017 2/2 Submission is of false implication and that on the date of occurrence the petitioner was in custody, there is no legal and tangible material against the petitioner, only on the basis of so-called confessional statement of co-accused, the petitioner is suffering in custody, the petitioner has been remanded in this case on 31.01.2017 and since then he is in custody.
Learned counsel for the Economic Offence Unit submits that earlier the petitioner has suppressed his criminal antecedent, but now he has disclosed in supplementary affidavit. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (Model) P.S. Case No. 112 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J.) Rajiv/- U T