Sideshwar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.47843 of 2018 (2) dt.06-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47843 of 2018 Arising Out of PS.Case No. -160 Year- 2018 Thana -MANJHI District- SARAN ====================================================== Sideshwar Singh, S/o. Late Chandeshwar singh, R/o. Village- Dih Pachlakh, P.S.- Parsa, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kr Singh No.1 For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 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 Sections 30, 30 (a) and 38 of the Bihar Prohibition and Excise Act, 2016.

4440 liters of foreign liquor is said to have been recovered from a Truck and its driver, namely, Chand Singh was apprehended, who disclosed that the aforesaid liquor was to be delivered to the seven accused persons including the petitioner. 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 the vehicle in question or any trade of liquor. He has been falsely implicated in this case by the

Patna High Court Cr.Misc. No.47843 of 2018 (2) dt.06-08-2018 apprehended accused due to animosity. There is nothing on record indicating the complicity of the petitioner in the occurrence barring the aforesaid disclosure of the apprehended accused, which has no evidentiary value in the eye of law. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 09.07.2018. 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 6th Additional District and Sessions Judge, Chapra in connection with Manjhi P.S. Case No. 160 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T