Shashi Bhushan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.6309 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6309 of 2018 Arising Out of PS.Case No. -128 Year- 2017 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Shashi Bhushan Singh, s/o. Mahendra Singh, r/o vill. Saidpur Ganesh, P.S. Bidupur, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 15.11.2017 in connection with Raghopur P.S. Case No. 128/2017 for the alleged offences under Section 30(A)/32(2) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 105.840 litres of foreign liquor from a Honda City car to which the petitioner was the driver. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 15.11.2017, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J.II-cum-Special Judge, Excise, Vaishali in connection with Raghopur P.S. Case No. 128/2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.6309 of 2018 (2) dt.01-02-2018 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T