Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20361 of 2021 Arising Out of PS. Case No.-265 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Ajay Singh S/O Late Lakhan Singh R/O Village- Shivdayal Bigha, P.S.- Town Nawada, District- Nawada ... Petitioner

Versus

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

For the Petitioner :

Mr.Sahvind Kumar Sharma, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 33 litres of country-made liquor has recovered from the bank of the Sakari river and the petitioner is alleged to be the persons engaged in packing the liquor.

It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner. It is further submitted that the recovery of the alleged liquor has been made from the place which is accessible to public. It is next submitted that the petitioner has nothing to do with the alleged recovery and have got no criminal antecedent. Petitioner is in custody since 06.11.2020. Similarly situated co-accused have already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Misc.No. 9819 of 2021.

Patna High Court CR. MISC. No.20361 of 2021(2) dt.13-07-2021 2/2 Considering the facts and circumstances of the case, let the petitioner, mentioned above, 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 learned Additional sessions Judge II cum Special Judge, Nawada, in connection with G.O. Case No. 265/2020, subject to the following conditions:-

(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail (Prabhat Kumar Singh, J) shashi/- U T