Dinesh Singh @ Gopal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5999 of 2022 Arising Out of PS. Case No.-436 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== DINESH SINGH @ GOPAL SON OF RAM PRAVESH SINGH, R/o villageKanti (Malang Kanti), P.S.- Lalganj, District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-06-2022 Heard counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Vaishali P.S. Case No. 436 of 2019 lodged under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act. As per the allegation made in the F.I.R., there is total 446.4 liters of foreign liquor has alleged to be recovered from the petitioner and five other persons.

Learned counsel for the petitioner submits that alleged recovery has not been made from conscious possession of the petitioner rather such recovery has been made at a nearby place. Learned counsel for the petitioner further submits that charge sheet has already been filed in this case and petitioner is in custody since 06.09.2021. On the point that the petitioner has

Patna High Court CR. MISC. No.5999 of 2022(2) dt.13-06-2022 2/2 not clean antecedent, counsel for the petitioner submits that petitioner is ready to file an affidavit that he shall not involve in such type of cases in future.

Learned A.P.P. has opposed the prayer for bail. Considering the facts that charge sheet has already been submitted in this case and petitioner is in custody since 06.09.2021, let the petitioner above named, be granted bail on furnishing bail bond of Rs.50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 436 of 2019.

The petitioner is directed to file an affidavit before the Trial Court that he shall not involve in such type of cases in future, at the time of furnishing bail bond.

The prosecution is at liberty to file cancellation of bail of this petitioner, if he found to involve in such type of cases again.

(Dr. Anshuman, J) ravishankar/- U T