Tejal Singh @ Tejal Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7716 of 2019 Arising Out of PS. Case No.-126 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== TEJAL SINGH @ TEJAL PATEL aged about 34 years (male), son of Sewez Singh @ Sive Singh Patel Resident of Dhanand Khurd, P.S.- Pithampur, District- Dhar (Madhya Pradesh) at present resident of Ward No. 05 Ekta Nagar, Banjari, Indore, Bhatkhedi (Madhya Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Special Case No. 11930 of 2018 arising out of Alamganj P.R. Case No. 126 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition of Liquor and Excise Act, 2016. Allegation is of recovery of total 1500 kilogram Bhang from the truck which was being driven by the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to highhandedness of police. He is the driver of the said truck and was transporting herb to Indore. He has no concern with the alleged recovery and was not aware that Bhang was being kept

Patna High Court Cr.Misc. No.7716 of 2019(3) dt.11-02-2019 2/2 in the truck. Petitioner has got no criminal antecedent and is in custody since 17.12.2018.

Considering the aforesaid facts and circumstances of 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 Additional Sessions Judge-I-cum-Special Judge (Excise), Patna, in connection with Special Case No. 11930 of 2018 arising out of Alamganj P.R. Case No. 126 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 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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 offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) sudha/manojU T