Tulsi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5821 of 2019 Arising Out of PS. Case No.-248 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Tulsi Singh, aged about 49, Male, son of Late Ram Ji Singh, Resident of Vill - Beda, P.S- Sasaram (M), Distt.-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Singh For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 34, 38 of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 240 cartoons of foreign liquor amounting to 2073.6 litres from the outhouse of the petitioner.

It has been submitted on behalf of the petitioner that it was outhouse of the petitioner and he had rented that premises for the purpose of godown and the illicit liquor which has been seized does not belong to the petitioner rather it belongs to one Bir Bahadur Singh who had taken the outhouse of the petitioner on rent and he has been made an accused also. Petitioner is having clean antecedent and he is in custody since 08.12.2018.

Patna High Court CR. MISC. No.5821 of 2019(3) dt.05-04-2019 2/2 Considering the aforesaid facts and circumstances of 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 court below where the case is pending in connection with Sasaram (M) P.S. Case No.248/2018, 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.

(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 offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T