Ramphal Singh @ Ramphal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13852 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- MOKAMAH District- Patna ====================================================== RAMPHAL SINGH @ RAMPHAL, aged about 34 years, (M) Son of Albela Singh Resident of Village - Shivnar, P.S.- Mokama, Barh, District - Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avanish Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Section 30(a)/41 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 1980 liter country made liquor from a pickup van which was owned by 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. He has no concern with the said recovery and alleged vehicle. It has been further submitted that similarly placed co-accused, Bhopali @ Saurabh Sanjay Singh has been granted bail by co-ordinate Bench of this Court as contained in Annexure-3 of the

Patna High Court CR. MISC. No.13852 of 2019(2) dt.01-04-2019 2/3 petitioner.

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 Mokama P.S. Case No. 206 of 2018 (Special Case No.7207 of 2018), 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.13852 of 2019(2) dt.01-04-2019 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