Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17290 of 2021 Arising Out of PS. Case No.-264 Year-2020 Thana- GURUA District- Gaya ====================================================== Ashok Singh (aged about 42 years, male) S/o- Late Vijay Singh Resident of Village- Keturi, P.S.- Gurua, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr. Anant Kumar A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

08-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Gurua P.S. Case No. 264 of 2020, registered for the offence under Sections 37(1) and 37(2) of the Bihar Prohibition and Excise Act. As per the prosecution case, this petitioner entered the house of informant in drunken state and thereafter, he abused and assaulted the informant.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to dirty village politics. In fact, the informant is own elder brother of the petitioner and both are residing in the same house. Petitioner is in custody since 09.12.2020.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.17290 of 2021(2) dt.08-07-2021 2/2 Considering the aforesaid facts and circumstances as well as nature of allegation, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya in connection with Gurua P.S. Case No. 264 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T