Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11938 of 2023 Arising Out of PS. Case No.-610 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== KISHOR SINGH Son of Dhan Singh Resident of village - Wahalgadh, P.S.- Rai, District - Sonipat, State - Haryana.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Tajpur P.S. Case No. 610 of 2022 registered for the offences punishable under Sections 272, 273, 420, 467, 468, 471, 34 of the IPC and Section 30(a), 32(1), 32(2), 36,41(1), 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022. As per prosecution case, 501.84 liter foreign liquor was recovered from the container truck in question and petitioner alongwith other apprehended on spot. Learned counsel for the petitioner submits that petitioner is in custody 16.12.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution

Patna High Court CR. MISC. No.11938 of 2023(2) dt.03-05-2023 2/3 evidence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner ,charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence , argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, (Excise)-02, Samastipur in connection with Tajpur P.S. Case No. 610 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife of the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.11938 of 2023(2) dt.03-05-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) niku/- U T