Dhunmun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12779 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== DHUNMUN SINGH, aged about 55 years, (M) Son of late Uday Singh Resident of Village - Bara Basantpur, P.S.- Ara Mufassil, Distt.- Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dineshwar Mishra For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 30(a), 45, 47 and 52 of the Bihar Prohibition and Excise Act.

Allegation is of recovery of 25 litre Mahua wine from the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from his possession. The alleged recovery was being made from the joint house of the petitioner where he lived with other family members. Petitioner has got no

Patna High Court CR. MISC. No.12779 of 2019(2) dt.14-03-2019 2/3 criminal antecedent and is in custody since 02.02.2019. 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 court below where the case is pending in connection with Excise Case No. 194 of 2019 (Ara Muffasil P.S. Case No. 29 of 2019), with following condition:- (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.

Patna High Court CR. MISC. No.12779 of 2019(2) dt.14-03-2019 3/3

(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) manoj/- U T