Amar Veer Singh v. The State Of Bihar Through The Economic Offence Unit, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55386 of 2017 Arising Out of PS. Case No.-6 Year-2017 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Amar Veer Singh, son of Sukhwant Singh, resident of village- Chugama or Chaugama, P.S. Lopoke, District-Amritsar, Punjab ... ... Petitioner

Versus

The State of Bihar through the Economic Offence Unit, Patna ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Jyoti Ranjan Jha, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Prasad Singh, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-11-2017 Heard Sri Jyoti Ranjan Jha, learned counsel for the petitioner and Sri Akhileshwar Prasad Singh, learned Senior Counsel, who has appeared on behalf of the Economic Offence Unit, Patna.

The sole petitioner, who is in custody since 15.04.2017 in Special Case No.1132/2017 (arising out of Economic Offence P.S. Case No.6/2017) registered for the offence under Sections 420,467, 468, 471, 120(B)/34 of the Indian Penal Code and Sections 30A, 38 and 41 of the Bihar Prohibition and Excise Act,2016, has prayed for grant of bail.

At the very outset, by way of referring to the statement made in paragraph-3 of the petition, it was submitted by learned counsel for the petitioner that the petitioner is having clean

Patna High Court Cr.Misc. No.55386 of 2017(2) dt.17-11-2017 2/3 antecedent. Learned counsel for the petitioner further submits that the petitioner was only a driver of the truck. Of course, from the said truck, huge quantity of Indian Make Foreign liquor was recovered, but the petitioner was not having specific information as to whether consignment was loaded with duly authorized paper or not. He was not in position to know as to whether carrying the consignment was an offence and without any knowledge, he was driving the vehicle, from which such huge quantity of liquor was recovered.

Sri Akhileshwar Prasad Singh, learned Senior Counsel has opposed the prayer of the petitioner and submits that the petitioner is resident of Amritsar and while the truck in question was intercepted, the petitioner was found driving the vehicle and one Khalasi was found and both persons were arrested. He has argued that considering the seriousness of accusation regarding Bihar Prohibition and Excise Act, the petitioner does not deserve the privilege of bail.

Considering the nature of accusation, clean antecedent as well as period of custody, the Court is of the opinion that it is a fit case for grant of bail. Accordingly, let the petitioner, namely, Amar Veer Singh be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.55386 of 2017(2) dt.17-11-2017 3/3 each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No.1132 of 2017 with condition that one of the bailors must be blood relation of the petitioner. (Rakesh Kumar, J) nawalkrs/- U T