Patna High Court/18816/2021bail granted

Murari Singh v. The State Of Bihar

2021-07-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18816 of 2021 Arising Out of PS. Case No.-23 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== MURARI SINGH SON OF RAM BILASH SINGH R/O VILLAGERAHATPUR, P.S.- BALIA, DISTRICT- BEGUSARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Hare Krishna Prasad For the Opposite Party/s :

Mr.Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Complaint Case No. 23C2 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 686 litres of illicit liquor has been recovered from maize field and it is alleged that this petitioner along with others fled away after seeing the police party.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner has no

Patna High Court CR. MISC. No.18816 of 2021(3) dt.19-07-2021 2/2 concern with the seized liquor or the maize field. Recovery has been made from open place which is accessible to general public. Petitioner is in custody since 09.11.2020. Considering the fact that no recovery has been made from conscious possession of the petitioner and is having clean antecedent, the petitioner above-named, 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 Sessions Judge Excise Act, Begusarai in connection with Complaint Case No.

23C2 of 2020, subject to 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.