Pulindra Singh @ Pulendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4169 of 2022 Arising Out of PS. Case No.-165 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== PULINDRA SINGH @ PULENDRA SINGH SON OF SRI FUDENA SINGH RESIDENT OF VILLAGE- KATHAIYA, P.S. KATHAIYA, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Rajeev Nayan App ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Kathaiya P.S.Case No. 165 of 2019.

As per allegation, the police apprehended a Bolero vehicle. 3-4 miscreants became successful in fleeing away after jumping from that Bolero vehicle. 333 litres of liquor was

Patna High Court CR. MISC. No.4169 of 2022(2) dt.24-05-2022 2/3 recovered from that Bolero vehicle. On inquiry, it was detected that the name of one miscreant was Mukesh Singh @ Mukku. The learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. Nothing was recovered from his possession and even he is not named in the FIR. His name figured in the confessional statement of coaccused Mukesh Singh @ Mukku, who has been granted bail by a coordinate Bench of this Court in Cr.Misc. No. 79163 of 2019 and the case of the present petitioner is on better footing. The petitioner is in custody since 23.11.2021. Considering the above facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Kathaiya P.S.Case No. 165 of 2019, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

2. At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in

Patna High Court CR. MISC. No.4169 of 2022(2) dt.24-05-2022 3/3 future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T