Badak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12242 of 2022 Arising Out of PS. Case No.-425 Year-2021 Thana- MIRGANJ District- Gopalganj ====================================================== Badak Singh Son Of Late Raghunath Singh, R/O Village- Jigra Gopal, P.S.- Mirganj, District- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mirganj P.S. Case No. 425 of 2021 lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation, total 152 litres of country made liquor as alleged to be recovered but from the place of occurrence, nobody was arrested and it was alleged that four persons have fled away and the alleged material was recovered in front of the school.

Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner and he is innocent. Learned counsel for the petitioner further submits that charge sheet has already been filed in this case and petitioner is in custody since 22.01.2022 having clean antecedent.

Learned A.P.P. opposes the prayer for bail.

Patna High Court CR. MISC. No.12242 of 2022(2) dt.30-06-2022 2/2 In the present facts and circumstances of the case that the charge sheet has already been submitted in this case, petitioner is in custody since 22.01.2022 having clean antecedent, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-IV -cum- Special Judge, Excise Court-II, Gopalganj in connection with Mirganj P.S. Case No. 425 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. Accordingly, the bail application stands disposed of. (Dr. Anshuman, J.) ravishankar/- U T