Dhuran Singh @ Dhurandhar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53785 of 2018 Arising Out of PS. Case No.-160 Year-2018 Thana- MANJHI District- Saran ====================================================== Dhuran Singh @ Dhurandhra Prasad Singh son of Late Ramjee Singh resident of village - Baju Tola, Police Station - Revelganj, District - Saran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajesh Roy For the Opposite Party/s :

Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Manjhi P.S. Case No. 160 of 2018 registered for the offence under Sections 30, 30(a) and 38 of Bihar Prohibition and Excise Act, 2016.

4440 lts. of foreign liquor is said to have been recovered from a truck and its driver, namely, Chand Singh was apprehended, who disclosed the name of the petitioner and six other accused persons as consignee of the said liquor. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with any trade of liquor. He has been

Patna High Court Cr.Misc. No.53785 of 2018(3) dt.31-08-2018 2/2 falsely implicated in the case by the apprehended driver due to animosity. Barring the aforesaid disclosure, there is nothing on the record, indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. Though, one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 24.07.2018 and five other similarly situated accused persons have been enlarged on bail by different co-ordinate Benchs of this Court.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-VI-cum-Special Judge, Excise Act, Saran in connection with Manjhi P.S. Case No. 160 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T