Kanhaiya Prasad Singh @ Ram Charitra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5555 of 2019 Arising Out of PS. Case No.-204 Year-2018 Thana- PANDAUL District- Madhubani ====================================================== Kanhaiya Prasad Singh @ Ram Charitra Singh Late Prahalad singh R/o village- Batlohiya , P.S- Pandaul ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Pandaul P.S. Case No. 204 of 2018/ G.R. No. 1837 of 2018 registered for the offence punishable under Sections 272, 273, 406 and 420/34 of the Indian Penal Code and Sections 30(a), 36, 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Informant has alleged that he received a secret information that behind the poultry farm of Manoj Singh, some traders indulged in illicit liquor have assembled and are unloading illicit liquor from the truck and as he reached there, persons assembled there tried to flee away after abandoning the truck and three persons were apprehended by the police. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.5555 of 2019(2) dt.05-02-2019 2/2 he is innocent and has been falsely implicated in this case. Petitioner is a resident of an adjacent house aged about 82 years having no criminal antecedent and is in custody since 19.11.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge, 2nd cum Special Judge, Excise Act, Madhubani, in connection with Pandaul P.S. Case No. 204 of 2018/ G.R. No. 1837 of 2018 subject to the conditions that:-

(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 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) veena/- U T