Prince Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22889 of 2021 Arising Out of PS. Case No.-286 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== Prince Kumar Singh, Son of Manoj Kumar Singh @ Manoj Harihar Singh Resident of Village - Mahisauri, Babu Tola, P.S. and Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Adv.

For the Opposite Party/s :

Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 25.12.2020 seeks regular bail in connection with Excise Case No.286 C2/2020 dated 24.12.2020 registered for offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2018. Prosecution case in brief, is that altogether 114 bottles of country-made liquor of Captain Brand was recovered from the possession of the petitioner and one Chandan Kumar by the raiding team of Excise Department.

Learned counsel appearing on behalf of the petitioner submits that since the petitioner has been made accused in one

Patna High Court CR. MISC. No.22889 of 2021(3) dt.01-12-2021 2/3 another case relating to Excise Complaint Case No.89C2 of 2020 and for the said reason he has been roped into the present case as well.

Learned counsel appearing on behalf of the State submits that petitioner is engaged in trade of illicit liquor and do not deserves to be enlarged on bail.

Considering the afore-mentioned facts and circumstances and the submissions made by the petitioner as well as specific statement in paragraph no.5 that the petitioner was not present at the time of raid in that place, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.1,00,000/-(Rupees One Lac) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, IInd, Jamui in connection with Case No.286 C2/2020 , subject to the following conditions:-

(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 properly 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

Patna High Court CR. MISC. No.22889 of 2021(3) dt.01-12-2021 3/3 to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after release on bail, the trial court shall take steps to cancel his bail bonds.

Since there is previous antecedent of the petitioner regarding his involvement in another excise case and also considering the present excise case, if the petitioner further involves any such excise matter then the bail bond of the petitioner shall be cancelled.

(Purnendu Singh, J) Prakash Narayan /- U T