Patna High CourtCR. MISC./2502/2018bail granted

Arvind Singh v. The State Of Bihar

2018-01-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2502 of 2018 Arising Out of PS.Case No. -100 Year- 2017 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Arvind Singh, Son of Suresh Prasad Singh, resident of Village Gara, P.S. Patepur, Dist.- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Patepur P.S. Case No. 100 of 2017 registered under Section 414, 120-B/34 of the Indian Penal Code and Section 30 (a), 32 (2), 38 (2), 41 (1) & 47 of the Bihar Prohibition and Excise Act, 2016. 1729 liters of foreign liquor is said to have been recovered from the four vehicles and 10-12 accused persons managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He was not apprehended on the spot. The petitioner neither happens to be

Patna High Court Cr.Misc. No.2502 of 2018 (02) dt.23-01-2018 - 2 - owner nor driver of the aforesaid vehicles. He has no concern with the seized liquor. He has been falsely implicated in this case. He has no criminal antecedent. The petitioner has been languishing in custody since 17.11.2017. Similarly situated coaccused person, namely, Sanjay Kumar Diwakar, who happens to be owner of the one of the aforesaid vehicles (Pick up van), has been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No.1706 of 2018 vide order dated 10.01.2018. . In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No. 100 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T