Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19011 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Vijay Singh S/o Girja Singh, R/o Vill.- Uttari Madhubani, P.S.- Sangrampur, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Govindganj (Areraj) P.S. Case no. 36 of 2018 registered under Sections 272, 273 of the I.P.C. and Sections 30(a), 38(i), 41(i) of Bihar Prohibition & Excise Act-2016.

426.60 lts. of foreign liquor is said to have been recovered from the magic van and petitioner was apprehended while other accused sitting in the vehicle managed to escape alighting from the same.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with

Patna High Court Cr.Misc. No.19011 of 2018(3) dt.26-04-2018 2/2 the seized liquor. He has been falsely implicated in the case at the instance of his enemy. He happens to be simple commuter of the said vehicle and had no knowledge of carrying the said liquor in the cartoon by its driver who managed to escape seeing the police party. He has no criminal antecedent. He has been languishing in custody since 27.02.2018.

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. Session Judge-IV-cum-Special Judge (Excise), Motihari in connection with Govindganj (Areraj) P.S. Case no. 36 of 2018.

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