Prahlad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34220 of 2018 Arising Out of PS.Case No. -105 Year- 2018 Thana -KARJA District- MUZAFFARPUR ====================================================== Prahlad Singh, son of Sri Balmiki Singh, resident of Village- Pokhrama, P.S.- Saraiya, District- Muzaffarpur.

.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Nilesh Kumar, Adv.

For the Opposite Party : Mr. Nityanand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30 (a), 32 (ii), 41 (i) of the Bihar Prohibition and Excise Act, 2016.

114.48 liters of foreign liquor is said to have been recovered from the Bolero vehicle and the petitioner who happens to be driver of the said vehicle was apprehended. 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 has no concern with the seized liquor. As a matter of fact, the petitioner met an

Patna High Court Cr.Misc. No.34220 of 2018 (02) dt.20-06-2018 - 2 - accident by the said vehicle and the villagers surrounding the vehicle assaulted the petitioner and damaged the vehicle and also got the petitioner falsely implicated by planting the aforesaid recovery from the said vehicle to save their skin. Though two cases under the Excise Act are pending against the petitioner but he is on bail in the said cases. He has been languishing in custody since 22.05.2018.

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 Special Judge Excise Act, Muzaffarpur in connection with Kajra P.S. Case No. 105 of 2018.

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