Gopal Singh @ Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9677 of 2023 Arising Out of PS. Case No.-432 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Gopal Singh @ Gopal Kumar, Son of Lalan Singh Resident of VillageJagatpura, Ward No.-8, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 27-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Begusarai Muffasil P. S. Case No. 432 of 2022, registered for the offences punishable under Sections 120(b) of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per allegation, 1401 litres of liquor was recovered from a pick-up van.

Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. She further submits that nothing has been recovered

2/4 from the conscious possession of the petitioner. She further submits that the petitioner was neither arrested on the spot nor he was seen at the place of occurrence. She also submits that the petitioner has no concern with the alleged vehicle as he is neither the driver nor the owner of the said vehicle. She further submits that search and seizure has not been made as per the procedure as prescribed under Cr.P.C. He further submits that the petitioner has been languishing in jail since 16.01.2023.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in eleven more cases.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in

3/4 the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Begusarai Muffasil P. S. Case No. 432 of 2022, in connection with Ld. Exclusive Special Judge Excise-I, Begusarai, on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner 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.

(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that

4/4 the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the court below.

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U