Alok Kumar Singh @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5781 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- DHOLBAJJA District- Bhagalpur ====================================================== Alok Kumar Singh @ Pankaj Kumar Son Of Siya Ram Singh R/O VillagePakara Basa, P.S.- Dholbajja (Kadwa), District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 20.11.2022 in connection with Bholbajja (Kadwa) P.S. Case No.111 of 2022, F.I.R. dated 19.11.2022 for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act and Section 25(1-b)a, 26 of the Arms Act. Recovery is of total 750 ML. Indian made foreign liquor from motorcycle and 2.250 liters Indian Made foreign liquor and two country made pistol and four live cartridges from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears

Patna High Court CR. MISC. No.5781 of 2023(3) dt.22-06-2023 2/3 from the F.I.R. as well as seizure list that 750 ML. Indian made foreign liquor recovered from motorcycle and apart from the aforesaid 2.250 liters Indian Made foreign liquor and two country made pistol and four live cartridges recovered from the house of the petitioner. He further submits that the incriminating material was recovered from the joint house property of the petitioner and there is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 20.11.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid 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 the learned Court of Exclusive Special Excise Judge-I, Bhagalpur in connection with Bholbajja (Kadwa) P.S. Case No.111 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.5781 of 2023(3) dt.22-06-2023 3/3 fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T