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Patna High CourtCR. MISC./9717/2020bail granted

Rajvir Singh @ Bam Bam Singh v. The State Of Bihar

2020-06-11Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.9717 of 2020 Arising Out of PS. Case No.-495 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== RAJVIR SINGH @ BAM BAM SINGH Son of Pappu Singh Resident of Village - Fatehpur, P.S.- Siwan Town, Distt.- Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Narsingh Tanti,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-06-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Siwan Muffasil (Mahadeva) P.S. Case No. 495 of 2019 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) and 41(i) of Bihar Prohibition Excise Act 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case without any source of identification save and except secret information allegedly received by the informant.

Patna High Court CR. MISC. No.9717 of 2020(2) dt.11-06-2020 2/3 The petitioner has no criminal antecedent.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein, it is alleged that this petitioner along with co-accused Dinesh Thakur was consigning the illicit liquor from Siwan in the Bolero which met an accident but the petitioner in this case has not been arrested and no source of identification save and except secret information allegedly received by the informant, has been disclosed in the FIR as also that the petitioner has no criminal antecedent, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Siwan Muffasil (Mahadeva) P.S. Case No. 495 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd cum Special Judge (Excise), Siwan, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

Patna High Court CR. MISC. No.9717 of 2020(2) dt.11-06-2020 3/3 (ii) a condition that the person shall not, directly or indirectly, make any 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;

(iii) a condition that the person shall not leave India without the previous permission of the Court. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/Arvind 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'.