Sikandar Rai @ Bhulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26425 of 2021 Arising Out of PS. Case No.-376 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sikandar Rai @ Bhulla Son Of Upendra Rai @ Upendra Ray Resident Of Village - Muhammadpur Sakra, Tola- Taruniya, Ward No.1, P.S.- Vibhutipur, Distt.- Samastipur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 272/273 of the Indian Penal Code and Section 30a of the Bihar Prohibition and Excise Act. As per the prosecution case, 105 liters of foreign liquor has been recovered from the house of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner as the house in question is the joint family property and he is no way concerned with the alleged recovery. Petitioner claims clean antecedent. Petitioner is in custody since 27.12.2020. Investigation is complete.

Patna High Court CR. MISC. No.26425 of 2021(2) dt.29-07-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties and the materials available on the record, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II cum Special Judge, Excise Act Samastipur in Vibhutipur Police Station Case No. 376 of 2020 on 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T