Govind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4077 of 2020 Arising Out of PS. Case No.-1103 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== Govind Singh Son of Sudhir Singh Resident of Village - Masarh, P.S.- Udwant Nagar, Distt - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Ara Nawada P.S. Case No. 1103 of 2019, Excise Case No. 2648 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

92.370 litres of foreign liqour is said to have been recovered from one Honda City car in which the petitioner was also travelling.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from possession of this petitioner. Petitioner is neither the owner nor the driver of the vehicle in question. Petitioner has no knowledge about the nature of consignment. Provision of

Patna High Court CR. MISC. No.4077 of 2020(2) dt.22-01-2020 2/2 section 100 Cr.P.C has not been followed. Petitioner is in custody since 31.12.2019.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged 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 Additional District and Sessions Judge 4th-cum-Special Judge Excise Act, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 1103 of 2019, Excise Case No. 2648 of 2019, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T