Krishna Kumar Singh @ Rinku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46246 of 2017 Arising Out of PS.Case No. -539 Year- 2016 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Krishna Kumar Singh @ Rinku Singh, son of Sri Bharat Prasad Singh, R/o Village- Mehrauli, P.S.- Doriganj, District- Saran at Chapra, presently resided at Mohalla- Mauna Pakri, P.S.- Chapra Town, DistrictSaran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Binod Singh, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Chapra Town P.S. Case No.539 of 2016 instituted for the offence under Section(s) 30(a) of the Bihar Prohibition and Excise Act, 2016. Prayer of the petitioner for bail was earlier rejected by this Court by order dated 06.03.2017 passed in Cr. Misc. No.3082 of 2017. Prayer for bail was rejected at that stage and he was given liberty to renew the prayer after six months if no substantive progress is made in the trial.

A report was called for from the trial Court, which has been received. It appears that after taking cognizance no any progress has been made in the trial against this petitioner.

Patna High Court Cr.Misc. No.46246 of 2017 (3) dt.18-10-2017 2/2 Keeping in view the period of custody and also the fact that not a single witness has been examined in the case and only cognizance has been taken by the court below, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VI, Saran at Chapra, in connection with Chapra Town P.S. Case No.

539 of 2016, subject to the condition that (i) both the bailors shall be close relative of the petitioner, (ii) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (iii) petitioner will not tamper 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.