Bipin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72606 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Bipin Singh Son Of Nokhelal Singh R/O Vill-Chaksaid, Police Station Patepur (Ahrilochanpur), District -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 420, 120(B) of the IPC and Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 4725.72 litres from ten different vehicles., which were being loaded and unloaded on spot. Accused Yogi Rai and Gautan Rai were apprehended on spot after chase, who disclosed the name of the petitioner as one on his associates.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the

Patna High Court CR. MISC. No.72606 of 2023(2) dt.28-11-2023 2/2 vehicle in question. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 14.09.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no. 2, Vaishali at Hajipur in connection with Patepur P.S. Case No. 112 of 2023. (Sunil Kumar Panwar, J) sushma/- U