Akhilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10767 of 2019 Arising Out of PS. Case No.-300 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== Akhilesh Singh, Male, aged about 26 years, son of Ram Prasad Baghel, resident of village- Adakur, Police Station- Fup, District- Bhind (M.P). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 308 and 34 of IPC and Sections 30(a) and 41(i) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 2200 litres country-made raw spirit from a truck which was being driven by the petitioner. It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. It has further been submitted that petitioner is driver of the said truck and he has nothing to do with the recovered spirit. Petitioner has no criminal antecedent and he is in custody since 16.12.2018.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.10767 of 2019(3) dt.14-03-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Basantpur P.S. Case No.300 of 2018 with 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 to move for cancellation of bail of the petitioner.

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

(S. Kumar, J) Sanjay/- U T