Randhir Kumar @ Tullu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27454 of 2021 Arising Out of PS. Case No.-508 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Randhir Kumar @ Tullu Singh Son Of Shyamji Thakur R/O Village- Baradih, P.S.- Runnisaidpur And Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :
For the Petitioner/s :
Mr.Virendra Kumar, Adv For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-06-2021 Heard learned counsel for the parties.
Petitioner apprehend his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Allegation is of recovery of 156.375 litre of illicit liquor from the house of co-accused Chhedi Thakur.
It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case on mere suspicion only. It is further submitted that nothing has been recovered from the possession of the petitioner or his house as such provisions of Excise Act will not be applicable. Petitioner has no concern with recovery of illicit liquor from the house of
Patna High Court CR. MISC. No.27454 of 2021(2) dt.14-06-2021 2/3 Chhedi Thakur. Petitioner has got no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Sitamarhi PS Case No. 508 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C 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/her absence on two consecutive dates without sufficient reason, his/her 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
Patna High Court CR. MISC. No.27454 of 2021(2) dt.14-06-2021 3/3 similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond. (S. Kumar, J) ranjan/- U