Dilip Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22730 of 2021 Arising Out of PS. Case No.-328 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== Dilip Kumar Singh Son of Late Rameshwar Singh @ Rameshwar Kumar Singh Resident of Village - Dih Rampur, P.S. - Bishanpur, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Miss Kusum Rani For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Pandaul P.S.Case No. 328 of 2020 for the offences punishable under Section 272,273 of the Indian Penal Code and section 30(a) of Bihar Prohibition and Excise Act 2016.

On secret information, In huge quantity, 3578 liters of illicit liquor was recovered.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely implicated in

Patna High Court CR. MISC. No.22730 of 2021(4) dt.02-12-2021 2/3 this case. Petitioner is being driver of the truck not the owner of the truck. Nothing has been recovered from his conscious possession. Petitioner is in jail custody since 20.12.2020. The learned A.P.P opposed the prayer for bail. Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge cum Special Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No. 328 of 2020,G.R.No. 1711 of 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

2. If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

Patna High Court CR. MISC. No.22730 of 2021(4) dt.02-12-2021 3/3 any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentions order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) N.K/- U