Om Prakash Singh @ Moji @ Moji Lal @ Om Prkash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8741 of 2019 Arising Out of P.S. Case No.-337 Year-2018 Thana- PALIGANJ District- Patna ====================================================== OM PRAKASH SINGH @ MOJI @ MOJI LAL @ OM PRKASH KUMAR, aged about 31 years, (Male), Son of Ram Pukar Singh @ Ram Kumar Singh @ Verma Jee R/o village- Kodra Ranipur, P.S- Paliganj, District-Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Paliganj P.S.Case No.337 of 2018 (Special Case No.9756 of 2018) for the offence alleged under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on secret information that the petitioner is dealing in illicit liquor business from his house, raid was conducted and from the inside roof, 21 litres of Indian Made Foreign liquor was recovered. However, the petitioner along with his father Ram Kumar Singh were found absconding. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.8741 of 2019(2) dt.14-02-2019 2/2 petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. Nothing has been recovered from his possession and the petitioner undertakes not to induce witnesses or tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the nature of allegations, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Paliganj P.S.Case No.337 of 2018 corresponding to Special Case No.9756 of 2018 to the satisfaction of learned Special Judge Excise, Patna, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) B.Kr./- U T