Patna High CourtCR. MISC./67943/2024bail granted

Vivek Singh v. The State Of Bihar

2024-09-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67943 of 2024 Arising Out of PS. Case No.-179 Year-2024 Thana- RIVILGANJ District- Saran ====================================================== Vivek Singh S/o Bhikhari Kumar Singh R/o vill - Enai, P.S.- Rivilganj, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Adv For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rivilganj P.S. Case No. 179 of 2024 dated 17.06.2024 registered for the offences punishable u/s 30(a) and 41 (1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 2316 litres of illicit foreign liquor was recovered from the two Mahindra tractors, one pick-up van and a motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.67943 of 2024(2) dt.21-09-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is neither the owner nor the driver of the said seized vehicle. The name of the petitioner has transpired merely on the basis of the confessional statement of the co-accused Shakar Yadav. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 16.07.2024 passed in Cr. Misc. No. 50964 of 2024. The petitioner has five antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Rivilganj P.S. Case No. 179 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T