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Patna High CourtCR. MISC./53335/2018bail granted

Amarjeet Singh @ Putu Singh v. The State Of Bihar

2018-08-30Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53335 of 2018 Arising Out of PS. Case No.-163 Year-2018 Thana- PIRO District- Bhojpur ====================================================== Amarjeet Singh @ Putu Singh S/o Rajaram Singh, R/o Vill.- Hankar Tola, P.S.- Piro, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Piro P.S. Case no. 163 of 2018 registered for the offence punishable under Sections 30(a), 47 and 37(b) of the Bihar Prohibition and Excise Act, 2016.

16.380 lts. of foreign liquor is said to have been recovered from Maruti 800 car and its driver, namely, Dhiraj Kumar was apprehended while two other accused persons managed to escape from the said car. Said Dhiraj Kumar disclosed the name of the petitioner as one of his fleeing accomplices.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.53335 of 2018(2) dt.30-08-2018 2/2 that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He was not apprehended on the spot. He has been falsely implicated in this case by apprehended driver due to animosity. Barring the aforesaid disclosure, there is nothing incriminating indicating the complicity of the petitioner in the occurrence. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 12.07.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge-IV-cum-Special Judge, Excise Act, Bhojpur at Ara in connection with Piro P.S. Case no. 163 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T