Arun Singh @ Anirudh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43221 of 2018 ====================================================== Arun Singh @ Anirudh Singh, S/o. Late bashistha Singh, resident of village- Piprahia, P.S.- Bhagwanpur Hat, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 420, 272 and 273 of the Indian Penal Code and Sections 30(a), (b) & (c) of the Bihar Prohibition and Excise Act, 2016.

1393 litres of foreign liquor is said to have been recovered from the truck and its driver namely Dharmveer was apprehended who disclosed the owner of the said liquor as Jitendra Nagar and later on said Jitendra Nagar was apprehended who disclosed the name of the petitioner as his partner in the trade of liquor.

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 either with the seized liquor or with the vehicle in question or with

Patna High Court Cr.Misc. No.43221 of 2018 (2) dt.18-07-2018 2/2 any trade of liquor. He has been falsely implicated in the case by the said Jitendra Nagar due to animosity. Barring the aforesaid disclosure, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. Petitioner is not named in the F.I.R. Though twelve cases under Excise Act have been lodged against the petitioner, but it is due to highhandedness of the police. Out of the twelve cases, nine cases have been lodged against the petitioner on the basis of the confessional statement of the co-accused and in three cases, he is neither named in the F.I.R. nor his name surfaced in the course of investigation and he has been enlarged on bail in seven cases out of the aforesaid cases. He has been languishing in custody since 08.06.2018. Aforesaid Jitendra Nagar has been enlarged on bail by learned lower court.

Considering the facts aforesaid, 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 2nd Additional Sessions Judge, Gopalganj in connection with Kuchaikot P.S. Case No. 241 of 2017.

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