Sanjay Singh @ Makhru Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12155 of 2021 Arising Out of PS. Case No.-352 Year-2020 Thana- ALOULI District- Khagaria ====================================================== SANJAY SINGH @ MAKHRU SINGH Son of Kamleshri Singh Resident of Village - Nista, P.S.- Alauli, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bisheshwar Ram,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Alauli P.S. Case No. 352 of 2020 corresponding to Special (Excise) Case No. 716 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 25 litres of country made liquor has been recovered from possessoin of this petitioner.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. The provision of section

Patna High Court CR. MISC. No.12155 of 2021(2) dt.25-06-2021 2/2 100 Cr.P.C has not been followed. Petitioner is in custody since 09.11.2020. Chargesheet has already been submitted. Considering the period of custody, the petitioner above-named, 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), Khagaria in connection with Alauli P.S. Case No. 352 of 2020 corresponding to Special (Excise) Case No. 716 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T