Dilip Singh @ Dilip Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12150 of 2021 Arising Out of PS. Case No.-324 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== DILIP SINGH @ DILIP KUMAR SINGH Son of Kameshwar Prasad Singh Resident of Village - Belamegh, P.S.- Ujiyarpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, 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 Ujiyarpur P.S. Case No. 324 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

16.56 litres of country made liquor has been recovered from the newly constructed house of this petitioner. It is submitted that nothing has been recovered from conscious possession of this petitioner. The house in question is in joint possession of family. The provision of section 100

Patna High Court CR. MISC. No.12150 of 2021(2) dt.25-06-2021 2/2 Cr.P.C has not been followed. Petitioner is in custody since 18.10.2020.

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 Additional Sessions Judge IInd-cum-Special Judge, (Excise Act), Samastipur in connection with Ujiyarpur P.S. Case No. 324 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