Karan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16490 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== 1.

Karan Singh, Son of Sri Lalan Singh, Resident of Village- Awraiya, P.S.- Kudara, District- Kaimur.

2.

Raju Singh, Son of Sri Jitendra Singh, Resident of Village- Awraiya, P.S.- Kudara, District- Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr.Rakesh Singh,Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-10-2021 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Excise P.R. Case No.04 of 2020 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

6.750 litres illicit liquor has allegedly been recovered from the petitioners.

Mr. Krishna Prasad Singh, learned Senior Counsel submits that the petitioners have no criminal antecedents and they are in custody since 11.12.2020. Recovery is not in accordance with law.

Patna High Court CR. MISC. No.16490 of 2021(2) dt.21-10-2021 2/3 Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioners' counsel. Prayer for bail of the petitioner is allowed.

Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd cum Special Judge, Excise, Kaimur at Bhabhua, in connection with Excise P.R. Case No.04 of 2020, subject to the following conditions: (i) That one of the bailors of each of the petitioners will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.

This Court would expect that the petitioners' counsel would honour his undertaking in the instant proceedings

Patna High Court CR. MISC. No.16490 of 2021(2) dt.21-10-2021 3/3 regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T