Bhim Singh @ Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79345 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- MANJHI District- Saran ====================================================== Bhim Singh @ Upendra Singh Son Of Bir Bahadur Singh R/O Vill - Belkunda, P.S. - Jalalpur, Distt. - Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 272, 273, 420, 120(B) of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 2312.280 litres of IMFL from a container bearing Reg. No. MH48CB-7463. Driver of the alleged container was apprehended on spot who disclosed the name of petitioner.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.79345 of 2023(2) dt.11-12-2023 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the 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. Moreover, he is languishing in judicial custody since 16.09.2023.

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

Patna High Court CR. MISC. No.79345 of 2023(2) dt.11-12-2023 3/3 Judge II, Saran, Chapra in connection with Manjhi P.S. Case No. 62 of 2023.

(Sunil Kumar Panwar, J) Nirajkrs/- U T