Suresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5623 of 2019 Arising Out of PS. Case No.-235 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== Suresh Singh aged about 45 years (male) Son of Late Mahabir Singh Vill.- Ekderwa, P.S.- Uchakagaon, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Uchakagaon P.S. Case No. 235 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Allegation is of recovery of 630.720 litre of foreign liquor from Maruti car.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to suspicion. He was not arrested at the spot. Name of the petitioner has surfaced in this case on the basis of confessional statement of the driver of the said vehicle. Nothing has been recovered from his possession. Petitioner has got no criminal antecedent and is in custody since 18.12.2018. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.5623 of 2019(3) dt.14-02-2019 2/3 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II-cum-Special Judge, Excise, Gopalganj, in connection with Uchakagaon P.S. Case No. 235 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) 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.

(4) If the petitioner is found involved in similar nature of offence, after her release on

Patna High Court Cr.Misc. No.5623 of 2019(3) dt.14-02-2019 3/3 bail, the trial court shall take steps to cancel her bail bond.

(S. Kumar, J) ranjan/manojU T