Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.18594 of 2021 Arising Out of PS. Case No.-476 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== KANHAIYA SINGH SON OF LATE KAPILDEO SINGH R/O VILLAGEHAREKH, WARD NO.-12, P.S.- TOWN, DISTRICT- BEGUSARAI. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-07-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Town P.S. Case No. 476 of 2020 dated G.R. No. 904 of 2020 for the offences registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that as per the prosecution story on 9.9.2020 the informant with other police personnels were on night patrolling. One person was found in drunken state and on search two bottle of foreign liqour has been recovered from his possession. On inquiry, he told that the foreign

Patna High Court CR. MISC. No.18594 of 2021(2) dt.29-07-2021 2/3 liquor belongs to the petitioner. Then police proceeded to the house of the petitioner and when search was made police has recovered illegal wine from one silver colour Santro Car and from one Passion Pro Motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is in custody since 7.11.2020. Learned APP for the State has though opposed the prayer for bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that allegedly the illicit liqour have been recovered in course of search of the house of the petitioner, however the petitioner is in custody in connection with this case since 7.11.2020, this Court having noticed that petitioner has got two criminal antecedent of similar nature, this Court directs that the petitioner shall be released on bail on completion of nine months of custody in this case, on furnishing of bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Begusarai in connection with Town P.S. Case No. 476 of 2020 (G.R. No. 904 of 2020), subject to the conditions as laid down under Section 437(3) Cr.P.C. as under:

(a) That such person shall attend in accordance with the

Patna High Court CR. MISC. No.18594 of 2021(2) dt.29-07-2021 3/3 conditions of the bond executed under this Chapter, (b) That such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which is suspected, and (c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Rajeev Ranjan Prasad, J) SONALI/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.